In addition to a criminal charge, you can also face a civil charge with a $5,000 civil penalty. Office: 813.250.0500 His sincerity, empathy and commitment to advocating on my behalf were apparent. 5. The domestic violence intervention program (DVIP) is a diversion program that ultimately results in the charge being dropped and the prosecution being terminated if all conditions are met within the allotted time. Tampa Aggravated Assault & Battery Lawyer, Penalty for Assaulting a Police Officer in Florida. As used in ss. Second, even if the relationship requirement is met, not all crimes constitute domestic violence. WebWhat are the Penalties for Domestic Violence in Florida? For more information on how to get domestic violence charges dismissed, please contact us at: The Law Offices of Michael A. Dye, PA, 1 East Broward Boulevard #700, Fort Lauderdale, FL 33301 (954)990-0525 or. I would recommend Justin without reservation to anyone seeking representation. My son got a felony for possession of THC oil, I immediately started looking for legal assistance and was blessed to find Mathew Shafran. Domestic Violence in Florida is defined by Florida Statutes 741.28. You may be surprised to learn that you can face both criminal charges for domestic violence as well as a separate, civil lawsuit for the same alleged crime. You can also use the clerks office website to find out more about how to look up and search for a record related to a domestic violence protection injunction. Moreover, the conviction for domestic violence incidents cannot be expunged or sealed in Florida, and therefore it remains on a persons public record permanently. Additionally, no-contact orders may impede their ability to rebuild the relationships with their involved family members. The information provided on this site is for general information purposes only. Criminal defense lawyer Matt Shafran at Weinstein Legal is an attorney who will work aggressively to prove your innocence and to protect your reputation. Copyright 2022, The Umansky Law Firm Criminal Defense & Injury Attorneys | All Rights Reserved. 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. Domestic violence convictions, irrespective of the penalty imposed, will force the convicted offender to forfeit his or her Second Amendment rights. In a criminal case, the state must prove beyond a reasonable doubt that you are guilty. WebFlorida Domestic Violence Charges. Florida Criminal Defense Attorneys A second offense domestic violence conviction requires the judge to impose a minimum fifteen-day jail sentence, and a third offense requires the judge to sentence the offender to a minimum of twenty days in jail. Florida Statute 741.281 states that anyone found guilty of a DV offense will be subjected to a minimum of one year of probation. Sometimes, even if the victim wants the charges dropped, the State will proceed with the case. Please use caution: Any information you provide is not considered confidential until you have retained the services of Musca Law. Mathew is really eloquent and smart. 741.28 - 741.31: (1) Department means the Florida Department of Law Enforcement. The crime classification of marijuana possession can be confusing, but a drug offense attorney can help you navigate the complexities of the charge. Past results are not a guarantee of future successes. Another problem is that any plea to a domestic violence charge will show up on even the most basic background check when you apply for a job, higher education opportunities, or even housing. In our firm, you only become a client after we have agreed in writing to a contract and it is sent to you, signed by you and finally signed by an attorney in the firm and received back into our office with payment for services. Evidence such as witness testimony, a lack of physical evidence or injury, security camera footage, and more, may be useful in this situation. Webdomestic violence diversion program florida. Home Domestic Violence Battery First Offense. Sexual performance by a child, as described in chapter 827; or. "Family or Instead, you should align yourself with sophisticated criminal defense attorneys in Florida who can develop a strategy to defend your case from the start. WebDomestic battery or domestic violence battery in Florida is classified as a first-degree misdemeanor, which carries a potential jail sentence of one year and a fine of up to $1,000. Most people understand that domestic violence occurs when there is a crime committed against a domestic partner, the definition and actions are far more nuanced than that though. Prosecutors can issue charges for felony domestic violence based on the seriousness of the offense or when the alleged offender has a previous domestic violence charge in which adjudication was withheld by the court or the offender was convicted. Penalties for possession or use include jail time up to one year, fines up to $1,000, or both. Common penalties for domestic violence During that time, you must arrange to have an experienced domestic violence defense lawyer with you at your initial court appearance. WebFlorida judges begin custody decisions with the presumption that both parents should share custody, unless it would be detrimental to the child. Domestic violence is a serious charge that can carry numerous severe consequences if you are found guilty in the state of Florida. WebSt Petersburg, FL 33731. However, in a civil lawsuit, the plaintiff must simply prove that you are very likely guilty. It is also called a Request Not To Prosecute. Fax (850) 681-7518. Mike G law is not liable with respect to actions taken or not taken based on any or all the contents of this site. The hiring of a criminal defense lawyer in the Tampa, FL area is an important decision that should not be based solely upon advertisements. If you are experiencing domestic violence, call the National Domestic Violence Hotline at 1-800-799-7233, or go to thehotline.org. 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. Tampa, FL 33602 *. A lawyer can investigate the facts, obtain evidence, interviews and review crucial information to build a defense. As a result of these types of orders, people may be prevented from returning to their own homes and seeing their children. In other words, the arrest is for a first-time offense. We fight a variety of domestic violence charges including battery, aggravated battery, assault, or aggravated assault. In other cases, the court can raise the standard bond amount to more than $500, especially if the person accused of domestic violence has a long criminal record. Most domestic violence charges will be sent to a special domestic violence court division. Find information on how to fight injunctions for protection against domestic violence at the return hearing scheduled in front of the judge. In many of these cases, we help our client seek out counseling on a voluntary basis which helps increase the chances that the prosecutor will be willing to drop the charges. 1st Domestic Violence Battery Offense in Hillsborough County Visit the website of the clerk of court in Hillsborough County, FL, to learn more about the filing of a petition for a domestic violence restraining order (injunction for protection) in the courthouses in Tampa or Plant City, FL. We can work aggressively to get your charges dropped or minimized, without the risk of your pressuring the alleged victim. Please call, text or fill out our form to get in touch with our team now. What may have been a grave misunderstanding, or an argument reported by the neighbors, is now a criminal case. When a dispute between family members escalates, it can result in arrests, criminal charges, and legal penalties that can change someones life. A felony is any crime that carries a prison sentence of longer than one year under Florida law. Disorderly conduct crimes are punished according to the jurisdiction where the accused committed the crime. Individuals charged with domestic violence cases also underestimate the potential collateral consequences that these charges bring. We also represent clients served with a petition for a domestic violence injunction for protection. There are many ways a criminal defense attorney may be able to assist you, through diversion programs, or getting cases dropped completely. You will always know where you stand with me and I return phone calls or texts promptly. Domestic Violence offenses, unlike many other charges in the State of Florida, are not able to be sealed or expunged. Throughout, he maintained consistent communication each step of the way until my case was resolved. Common penalties for domestic violence However, the minimum sentence increases to 15 days if a child under 16 witnessed the domestic violence incident. During 2020-21, Floridas domestic violence centers Florida Statutes 741.283 requires the sentencing judge to impose a ten-day minimum jail sentence for any person convicted of a crime of domestic violence in which the individual intentionally caused physical harm to the alleged victim. 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. How Serious Is a Stalking Charge in Florida? Well fight for you! A longer hearing can later be requested where more evidence is presented to meet a higher burden, and a permanent injunction can be obtained. A wide range of actions may be considered domestic violence (DV) under Florida law. First-degree misdemeanors are the most misdemeanor crimes. Don Pumphrey and the firm have years of experience representing those who have been accused of domestic violence and those seeking injunctions to stop the cycle. If you are facing criminal charges for domestic violence, dont wait to contact a criminal defense attorney. We contacted our attorney in the state where we live and he recommended Matt to us. An individual is considered to be driving under the influence in Florida when their blood alcohol content (BAC) is .08 or above. My reservations were quickly eased during my initial consultation. Florida statute 741.28 defines domestic violence as, Any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense. If convicted, you may face jail time or large fines. Theres also the most This crime can also be charged as a felony with harsher penalties. The only way to avoid these minimum jail sentences are to commit a crime serious enough to warrant prison or beat the charges through trial or dismissal. If your case involves drugs or alcohol, you may be required to attend drug or alcohol counseling. When considering how to get charges dropped for domestic violence, there are several possible routes to take. I consent to receiving a text message at this number with more information. The information you obtain at this website is not, nor is it intended to be, legal advice. - Privacy Policy - Lawyer Website Design by: INTERNET LAVA, domestic violence pre-trial intervention program (DVPTI), first domestic violence charge in Pasco County, 1st Domestic Violence Battery Offense in Hillsborough County, Domestic Violence Options in the City of Tampa, domestic violence injunction for protection, Violation of Domestic Violence Injunction. If their BAC was .15 or higher, they could receive up to a $2,000 fine. WebStandard Bond for Domestic Violence in Florida. I understand that submission of an online form does not constitute an attorneyclient relationship. Our phones are open 24-hours a day, 365-days a year and there is never a time when your call for help will go unanswered. Fax: (727) 821-7101. If convicted of a misdemeanor, you may face jail time, large fines, community service, counseling, or rehabilitation. Domestic Violence cases can also be filed in civil court to protect the victim from further abuse or threats of abuse. Having drug paraphernalia like pipes, bongs, or grinders is also a first-degree misdemeanor under Florida Statute 893.145. Call Musca Law today at 888-484-5057 to learn more about your rights. If the domestic violence offense is charged with a third-degree felony for aggravated battery or aggravated assault, then the statute of limitations is three years. Therefore, a person facing domestic violence charges in Florida needs the assistance of a fierce advocate who will continue to fight until justice is done. This is why it is crucial to speak to an attorney as soon as possible if accused. These relationships are often current or former spouses, family members, or current or former dating or sexual partners. Matthew helped us through a long process, we were stuck, held hostage by a system that truly falls short when it comes to patient rights. Suite 526, 6909 Old Highway 441 Suite 108, Office 600. Copyright 2023 Weinstein Legal. To learn more about our practice areas, call our office or complete our online contact form. But those 10 days are just a minimum. Many individuals assume that the victim in a domestic violence case has the full ability to drop charges against the accused. Our son had been in substance abuse treatment for almost My son, a student at the University of Miami, was facing 2 serious drug related felonies. 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. It is important that if you are involved with a domestic violence situation that you contact an attorney with decades of domestic violence experience who can protect you and your rights. Furthermore, federal law prohibits people from owning, possessing, or using a firearm after a domestic violence conviction. How Do You Beat a Drug Trafficking Charge in Florida? As such, charges such as a simple battery, aggravated battery, or aggravated assault falling under the domestic violence statute will be treated as a felony charge. Domestic Violence Options in the City of Tampa Learn more about domestic violence shelters and options for the victims of domestic violence. Being absolved in one case does not provide you with immunity in the other and having a lawyer to represent you throughout both is crucial. Boca Raton, Florida 33431. Whether or not a domestic violence case carries felony charges in Florida depends on the specifics of the case. A third-degree felony conviction subjects the offender to as long as five years in state prison. Former NFL player Zac Stacy was sentenced to six months in jail Monday on a domestic violence charge. We have the reputation and connections to make things happen. The content and interpretation of the law addressed are subject to revision. Second, the preferred response is one arrest and only one arrest. The State thus has the decision making authority. With little or no prior criminal record, you may be eligible to enter into a diversion program (Pre-Trial Intervention or Domestic Violence Intervention). The State Attorneys Office will not drop a domestic battery charge purely at the victims request. Physical injury or death of one family or household member by another family or household member. But she did. For purposes of a felony conviction for a second or subsequent battery, the term conviction applies even if the court withheld adjudication or a nolo contendere plea was entered. First, an officer is directed to determine who is the primary aggressor. Possible consequences of a conviction may include losing custody of your children, spending time in jail, having to complete probation, counseling, and more. In the event of a domestic violence lawsuit, your accuser may file a civil suit against you for an intentional tort, or for deliberately acting in a way to cause them harm. Call us The bond ordered in a domestic violence case will depend on the circumstances of the charges and the defendants criminal history. Dont take your chances facing the courts and prosecutor alone. However, you may also face civil penalties from the store or the merchant. At Mike G Law, we start working right away to evaluate the charges brought against you and develop a defense strategy to get you the best possible outcome. All rights reserved.|Disclaimer|Privacy policy. Skip to Article star gets jail time in domestic-violence incident for 4 yards in the Rams How Serious Is a Domestic Violence Charge for a First-Time Offender? Over 106,000 domestic violence crimes were reported in 2020. Former NFL player Zac Stacy was sentenced to six months in jail Monday on a domestic violence charge. Incredibly, the victim and Harris were just feet away during the call and it became obvious that Harris victim was being manipulated into supporting him. Instead, our clients understand that the best possible result is getting the charges completely dropped by the prosecutor or dismissed by the judge so that any record of the arrest can be expunged as quickly as possible. Confidential or time-sensitive information should not be sent through this website. If youre asking how to get charges dropped for domestic violence and this is the scenario, it is essential that you contact a criminal defense attorney to help with your case. If you are a defendant in a domestic violence case in Florida, do not pressure the alleged victim. WebA first-offense domestic violence charge that doesnt involve battery is nearly always a misdemeanor, but if you plead guilty to domestic violence or are convicted at trial, you Call 954-845-0505 today. Most people dont want an average result. Florida policy alleviates the victim of the challenging decision of whether or not to pursue charges against a person accused of abuse. The alleged victim civil penalties from the store or the merchant, 6909 Highway. Or use include jail time, large fines of the penalty imposed will. Increases to 15 days if a child under 16 witnessed the domestic violence at the victims Request your chances the. 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