Domestic Violence & Domestic Battery
Several years ago, the Florida Legislature placed a priority on arrests and prosecutions for domestic battery. As a result we have seen a dramatic increase in the number of individuals charged with domestic battery.
What is ‘Domestic’ Battery?
Florida Statute 741.28 defines domestic violence as any assault, battery, sexual assault, sexual battery, stalking, aggravating stalking, kidnapping, false imprisonment or any criminal offense resulting in physical injury or death of a family or household member by another who is or has resided in the same dwelling unit. This can include spouses, and even former spouses, as well as adults related by blood or marriage. It can also refer to persons who are living together.
Battery is defined as actually and intentionally touching or striking another person against their will or intentionally causing bodily harm to another person. If there is a serious injury or a previous simple battery conviction, a new battery charge can be a felony. A domestic battery can also be a felony if it is alleged that the person committed domestic violence by strangulation.
Who Decides if You Will be Charged?
An arrest itself does not automatically mean a charge will be filed. The State Attorney’s Office is the entity that determines if you will be charged. However, the State Attorney’s Offices are aggressive in their prosecution of domestic violence. As a result, it is important for an experienced Domestic Violence Attorney, or and experienced Criminal Defense Attorney to contact the State Attorney at the earliest opportunity regarding any defenses and mitigating factors. We will address with you mitigation matters and other evidence which may need to be obtained or preserved, such as photographs, telephone calls, and the names of potential witnesses.
Early intervention by criminal defense lawyer can be critical in domestic battery cases. Often, we are able to reestablish the ability to have contact with the other person if that is something you want. Often, the incident was a misunderstanding and the alleged victim may want to testify on your behalf. We will assist you in doing these things in the proper manner and to optimize the chance of success.
If you have been arrested or charged with Domestic Violence call us and let us discuss your options. The consultation is free. Let Us Fight For You!
(850) 441-2892 after hours