Domestic Violence in Florida

Domestic violence is one of the most politically charged crimes in Florida. No rational person condones domestic violence and a true victim deserves immediate support and protection.

Unfortunately though, domestic violence cases are often the result of false accusations by spiteful partners and unfairly pursued by overzealous prosecutors.

If you are accused of domestic violence you probably have many questions, which include:

• What is Domestic Violence?
• How do you Fight a Domestic Violence Charge?
• What are the Penalties for Domestic Violence?

Below you should find answers to your basic questions. But I caution you not to try and resolve a domestic violence case on your own; as you risk:

• Mandatory Jail Time,
• Permanent Criminal Record
• Ineligible for sealing or Expungement,and
• Mandatory Counseling

So contact Orlando Domestic Violence Attorney Richard Hornsby for a free consultation.

What is Domestic Violence?

Commonly associated with a fight between a man and a women, domestic violence in Florida actually encompasses a very broad range of criminal offenses committed by one family or household member against another family or household member.

Domestic Violence occurs when one family member commits any of the below offenses against another family member. (See Section 741.28, Florida Statutes.)

• Assault,
• Aggravated Assault,
• Battery,
• Aggravated Battery,
• Sexual Assault,
• Sexual Battery,
• Stalking,
• Aggravated Stalking,
• Kidnapping,
• False Imprisonment, or
• Any offense resulting in physical injury or death.

How do you Fight a Domestic Violence Charge

Defending domestic violence charges are very difficult because they usually involve deeper issues that lead up to the altercation in the first place. These include child custody disputes, injunctions, a pending divorce, alcohol, drugs or angry family members. With these things in mind, the best way to approach a domestic violence case is to develop a plan that will not only result in the dismissal of the case, but also bring harmony between you and the accuser.

Negotiate with the Accuser

One of the first things I do when hired is contact the accuser. Many times I find that the accuser regrets what they have set in motion and wishes to stop things before they get out of control. If this is so, I may be able to not only counsel the accuser, but also direct them towards the appropriate people to expedite the dismissal of the case. Nevertheless, just because the accuser wants to "drop the charges," under Florida law the alleged victim cannot drop charges, only the State Attorney can.

Fix the Problem

The second thing I do is prepare a counseling plan for my clients pending the resolution of the case that addresses the issues that lead up to the altercation. I find this important because if you do not you address the underlying cause of the altercation, many clients find themselves right back at square one, which is something that should be avoided.

What are the Penalties for Domestic Violence

In addition to the general penalties applicable to any of the domestic violence related criminal offenses, you are also facing the following enhanced penalties.

• Minimum Mandatory Jail Time of Five (5) days in Jail
• Mandatory 26-29 Week Batterers Intervention Program
• Ineligible to ever be Sealed or Expunged from your criminal record
• Forfeit your right to have a gun while on probation, even for misdemeanor
• Your concealed weapons permit will be revoked

Contact Criminal Defense Lawyer Richard Hornsby

Contact Criminal Defense Lawyer Richard Hornsby for the criminal defense representation you deserve. The initial consultation is free and I am always available to advise you on the proper course of action to take.