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Home > Orlando Criminal Defense > Domestic Violence
:: Domestic Violence in Florida
Domestic violence is one of the most politically charged crimes in Florida. No rational person condones true domestic violence toward anyone and a real victim deserves immediate support and protection. Unfortunately though, domestic violence has become a crime that is rife for false accusation by bitter partners and unfairly pursued by overzealous prosecutors for very minor arguments that have been blown out of proportion. Because of this it is important that you hire an attorney who is experienced with domestic violence cases. Otherwise you risk mandatory jail time, a permanent criminal record that can never be sealed or expunged, and enhanced penalties regardless of the seriousness of the offense.
What is Domestic Violence in Florida
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.
Specifically, Florida Statute 741.28 defines Domestic Violence any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death by one family or household member against another family or household member.
Defending a Domestic Violence Accusation
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.
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"The alleged victim cannot drop charges."
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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.
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 unless you address the underlying cause of the altercation, many clients find themselves right back at square one, which is something that should be avoided.
Enhanced 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 Orlando Domestic Violence Defense Attorney Richard Hornsby
While you may feel that going before a Judge on a domestic violence charge will only result in a small fine or a slap on your wrist, you do need to keep in mind that your life will be impacted by probation, community service and even jail time. As such, it is a wise move to discuss the matter with an experienced attorney. You should contact Orlando Domestic Violence Defense Attorney Richard Hornsby so that he can answer any questions you may have and help you resolve your case in the appropriate manner.
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