If you or someone you care about is facing a domestic violence charge, Attorney Michael McGinn, can help explain the charges and properly defend you against them.  Mr. McGinn can be reached twenty-four hours a day, seven days a week at (813) 374-0353.

What Is “Domestic Violence”?

Under Florida law, the phrase “Domestic violence” means 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 of one family or household member by another family or household member. “Family or household member” means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.

“Simple” Domestic Battery (Section 784.03 and 741.28 Florida Statutes):

The offense of battery occurs when a person:
  1. Actually and intentionally touches or strikes another person against the will of the other; or
  2. Intentionally causes bodily harm to another person.
(b)   Except as provided in subsection (2), a person who commits battery commits a misdemeanor of the first degree. (2) A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree. For purposes of this subsection, “conviction” means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered. Simple Domestic Battery may be charged where there was physical contact, even if there was no physical evidence of injury to the victim.

Aggravated Battery (Section 784.045, Florida Statutes):

1)(a) A person commits aggravated battery who, in committing battery: 1. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 2. Uses a deadly weapon. (b) A person commits aggravated battery if the person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant. (2) Whoever commits aggravated battery shall be guilty of a felony of the second degree. Aggravated Battery is a very serious felony charge that typically requires prison time regardless of your lack of prior criminal record or not.  Generally, these charges are so serious that the Court will appoint you an attorney if you do not hire one.  In many of these cases, self-defense and the Stand Your Ground law are integral to a successful defense.  Michael McGinn is very familiar with these laws and issues with experience prosecuting and defending these types of charges.

Punishment For Domestic Violence

As with any crime, the potential punishment for domestic violence will vary based on the facts of the case, and can include, but is not limited to, jail time and/or probation.  The accused is usually required to get counseling and/or take a domestic violence/anger management course.

Defenses To Domestic Abuse Charges

Depending on the particular facts of a case, defenses to a Domestic Violence charge may include the following:
  • False Accusations – Arguments between spouses and domestic partners can often result in false accusations of domestic abuse
  • Self Defense – Defendant used reasonable self defense to protect himself or herself from an attack from their spouse or domestic partner
  • Accident — Defendant did not deliberately do an act to cause injury
Many of these cases fall in the category often referred to as “he said, she said” cases.  They are extremely difficult for the State to prove; however, the State tends to aggressively prosecute these cases due to the violent nature of the charges.  A conviction, even if adjudication is withheld, can have serious consequences, including your right to own or possess a firearm.   It is very helpful to have an experienced domestic violence attorney on your side.  These cases can have wide-ranging effects on child custody and support issues as well as incredible impact on your ability to get or keep employment. It is highly recommended that you discuss your case with a domestic violence attorney to ensure that any available defense has been examined.  Contact our firm today at (813) 374-0353.

More criminal defense practice areas: 

Cropped image of policemen arresting criminal
Felony Charges
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Violent Felony Charges
Policeman Handcuffing Teenager
Misdemeanors
Domestic Violence
Domestic Violence