Sometimes, even if the victim wants the charges dropped, the State will proceed with the case. If you are found violating your probation order, a court may impose harsh penalties, including jail time. We found ourselves against all odds. The courts will look at the credibility of your accuser, the evidence and facts surrounding your case, and more. Although their experience runs the gamut between simple assaults and incredibly violent episodes of aggravated battery and even unlawful killings, they understand that every person charged with a crime in Florida, whether the crime is domestic violence or another crime, deserves the protections afforded by the Constitution of the United States as well as the Florida State Constitution. This means they will remain on your record forever, and can be seen by housing, employers, education institutions, or any other organization authorized to perform a background check. Domestic violence is a serious charge that can carry numerous severe consequences if you are found guilty in the state of Florida. Fax: 813.276.1600, Sammis Law Firm Thank you Mathew!! However, with a defense attorney such as Matt Shafran on your side, fighting to prove your innocence, we will look into these motives and see if there are grounds for questioning your accusers credibility. The criminal defense attorney can also ask the alleged victim to write a statement explaining the reason why the charges should be dropped. In many cases, the alleged victim wants to have contact with the person accused of the crime because they need to communicate about the children or finances. There may be a motive, such as in nasty custody battles. Having Your Domestic Violence Case Expunged. Furthermore, if you are facing charges and are found to pressure or harass the victim into dropping the case, you may face additional charges for witness tampering and intimidation. At Musca Law, our domestic violence defense attorneys have extraordinary experience defending cases involving domestic violence in Florida. Until you understand the requirements, have NO contact with the alleged victim for any reason until a plan for limited contact is approved by the court. Having drug paraphernalia like pipes, bongs, or grinders is also a first-degree misdemeanor under Florida Statute 893.145. Mandatory Batterers Intervention Course Forfeit Firearm Permit Forfeit All Firearms If convicted, you may face jail time or large fines. Domestic violence crimes consist of: Crimes of domestic violence in Florida are completely varied. Instead, contact a Florida criminal defense lawyer. Charged with a White Collar Crime in Florida: What Now. In those circumstances, the individual could face a third-degree felony conviction. When a dispute between family members escalates, it can result in arrests, criminal charges, and legal penalties that can change someones life. WebFelony Domestic Violence Charges With a Domestic Violence felony charge usually severe abuse takes place. If your case involves drugs or alcohol, you may be required to attend drug or alcohol counseling. Penalties for possession or use include jail time up to one year, fines up to $1,000, or both. Mandatory minimum jail time for domestic violence crimes in Florida include the By Grace White. Domestic Violence in Florida is defined by Florida Statutes 741.28. Having Your Domestic Violence Case Expunged. Matthew and his team made calls and were very persistent. What may have started as a minor disagreement could turn into a situation that jeopardizes your future. Matt was available throughout the process for consultations with both my son and his parents. Keep in mind that an accusation of battery with a prior conviction can be charged with a felony. A third-degree felony conviction subjects the offender to as long as five years in state prison. By Grace White. A longer hearing can later be requested where more evidence is presented to meet a higher burden, and a permanent injunction can be obtained. When appropriate, we can ask the court to modify the standard no contact provision so that you can still have some contact with the complaining witness or alleged victim in the case. Some offenders may even have to complete probation. If you are found guilty of a domestic violence charge, there is a mandatory minimum jail sentence of 10 days (first), 15 days (second), or 20 days (third or subsequent). WebThe Mayberry Law Firm may be able to counsel and represent you regarding these charges. A domestic violence conviction can have serious ramifications on your life. All calls are toll-free and confidential. Find information on how to fight injunctions for protection against domestic violence at the return hearing scheduled in front of the judge. Home Domestic Violence Battery First Offense. They include any family or household member, including former family members who have left the household. Moreover, a judge could restrict the amount of time a person can spend with his or her child, the places he or she might visit, and even restrict where the person could live. Put simply, victims cant get domestic violence charges dropped as they may be under pressure from the alleged abuser, and if it were possible, it could entice pressure and manipulation to become common in such cases. I would recommend Justin without reservation to anyone seeking representation. You will always know where you stand with me and I return phone calls or texts promptly. According to Florida Statute 741.283, anyone convicted of a domestic violence crime must serve a minimum of 10 days in jail for a first-time offenseor longer if the convicted person has a history of DV charges. If the allegations against you are false or exaggerated, let us put our experience to work for you. WebThe 2022 Florida Statutes (including Special Session A) 741.28 Domestic violence; definitions.. WebIf you were arrested for domestic violence battery, and the charges are reduced or dropped, Florida law allows a one-time option to have your criminal record sealed or expunged. If a judge finds you innocent in a criminal case, your accuser may still bring you to civil court. 2023 Pumphrey Law. The Law Offices of Michael A. Dye, PA, 2 S Biscayne Blvd, Miami, FL 33131 (305)459-3286. Contact us today for a free consultation to get started or CALL (727) 381-2300, I have developed a successful practice and premier reputation by being honest with my clients and putting their interests first, which is rare in the criminal defense business. He was also very reassuring to us, the distressed parents, and always provided an almost immediate response to our questions and concerns. Our main office is located in Tampa in Hillsborough County, FL. The collateral consequencesof a domestic violence plea will last long after the probation has been completed. The courts will look at the presenting evidence as well as both your credibility and the credibility of your accuser. Factual disputes about the underlying incident; 2. Waiver of Prosecutions are notarized, sworn statements. These options may not be available if you enter a plea of any kind before seeking an attorney, a consultation is crucial to making sure your record does not end up with a lifetime entry of domestic violence. Most people dont want an average result. This field is for validation purposes and should be left unchanged. Criminal records in the State of Florida are public record and can be obtained online for a nominal fee. First-degree misdemeanors are the most misdemeanor crimes. The problem with taking an offer to be on probation for domestic violence is that if you cant complete the 26-week course, cant pay the money, or get in trouble for anything else while you are on probation, then the court can issue a no bond warrant for your arrest. The information presented on this site should not be construed to be formal legal advice. Copyright 2023 Mike G Law - All rights reserved. domestic violence diversion program florida. After your arrest, you will be held in custody without bond until you appear in court for the first time. If you are the victim of domestic violence, do not hesitate to reach out for help, not just from a domestic violence attorney, but also from the countless agencies who are there to help you. These devices require the driver to blow into a mouthpiece before starting the car. A responsive, knowledgeable and skilled attorney. The Umansky Law Firm Criminal Defense & Injury Attorneys, 2420 N. Crystal Lake Dr. #1-112 Lakeland, FL 33801, 777 S US Hwy 27 Suite E Clermont, FL 34711, 213 S Dillard St Suite 220 G Winter Garden, FL 34787, 3801 Avalon Park East Blvd. Furthermore, domestic violence laws cover more than just married couples. In addition to a criminal charge, you can also face a civil charge with a $5,000 civil penalty. If you have no prior record, the prosecutor might offer entry into the domestic violence pre-trial intervention program (DVPTI). How Serious Is a Stalking Charge in Florida? The information provided on this site is for general information purposes only. The State Attorneys Office will not drop a domestic battery charge purely at the victims request. Contact Weinstein Legal today and ask for Partner and head of the Criminal Defense Division Matt Shafran, and receive a free case evaluation with absolutely no obligation. Our law firm cannot agree to represent you until we determine there would be no conflict of interest and notifying you that you are a client. The law is constantly changing and evolving. Although there is no minimum mandatory sentence for domestic violence charges in Florida, if you want to enter a plea for a first offense without consulting with an attorney, the prosecutor might offer you a plea deal that requires you to be on probation for 12 months to complete a 26-week batterers intervention counseling program. The judge has no alternative. 1005 N. Marion St. The bond ordered in a domestic violence case will depend on the circumstances of the charges and the defendants criminal history. Misdemeanor charges are written to include various factors, including loss that may have occurred, physical harm, and motivation. With little or no prior criminal record, you may be eligible to enter into a diversion program (Pre-Trial Intervention or Domestic Violence Intervention). If convicted, you may have to take an AIDS class or have mandatory HIV testing done. Furthermore, federal law prohibits people from owning, possessing, or using a firearm after a domestic violence conviction. These are increased to 15 days, 20 days, or 30 days respectively, if a child under sixteen years old witnesses the incident. Civil penalties may include fines between $200 and $1,000. All Rights Reserved. This process is very similar to other criminal offenses that rise to a misdemeanor or felony level. It may be considered in the future if you are again charged with a crime, and may lead to further challenges when preparing a strong defense. Florida law carries harsh consequences for crimes related to domestic violence, including hefty fines, lengthy prison sentences, strict probation requirements, and more. Former NFL player Zac Stacy was sentenced to six months in jail Monday on a domestic violence charge. Domestic violence is taken very seriously in Florida. All rights reserved.|Disclaimer|Privacy policy. Many people erroneously believe that if they are arrested on domestic violence charges, the prosecutor will dismiss the case because it will be evident that the alleged victim contrived the allegations. Below we briefly walk through the domestic violence criminal process to help you get a better idea of what to expect. Mandatory Batterers Intervention Course Forfeit Firearm Permit Forfeit All Firearms if convicted, may! Usually severe abuse takes place and always provided an almost immediate response to questions! What to expect prior conviction can have serious ramifications on your life who have left the household the first.... In jail Monday on a domestic battery charge purely at the presenting as! Or alcohol, you may face jail time up to $ 1,000, or grinders is also a misdemeanor... Charge with a felony By Grace White offender to as long as five years in State prison the criminal attorney! 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