Domestic Violence Criminal Defense Attorney
Family violence or domestic violence is an abusive, intimidating, and violent act in a relationship. There are several types including sexual, social, physical, and emotional. If you are being accused of a domestic violence crime it is vital to your case to reach out to a defense attorney as soon as possible to provide assistance in defending your case.
Understanding Domestic Violence
In Florida law, domestic violence is defined as any intentional or actual striking or touching of another person without consent. It can also be the intentional causing of bodily harm to another person.
Domestic violence is not only common to partners or spouses. Household or family members can also be involved. The term family or household member under Section 741.28, Florida Statutes can include:
- Husbands and wives
- Ex-husbands and ex-wives
- Persons living together as a family
- Persons related by marriage or blood
- Persons who have lived together as if a family in the past
- Persons who have a child in common
Penalties for Domestic Violence
Domestic violence is categorized as a first-degree misdemeanor. It carries penalties that may include a $1,000 fine and up to 12 months of probation or 1 year in prison.
Because of the domestic nature of the crime, there are additional penalties involved. This is under Chapter 741, Florida Statutes.
- 12 months of probation
- 5 days required imprisonment
- 26-week batterer’s intervention program (BIP) completion
- Loss of important civil liberties
- Additional hours of community service
- No contact order or imposition of an injunction
Domestic Battery Defenses
According to Florida law, one is not allowed to plead unless the case has been thoroughly reviewed and the options have been considered by a lawyer. Among the common domestic battery defenses:
- Defense of another person/s
- Defense of your property
- Factual disputes concerning underlying incident
- Battery allegations not corroborated by other proof
- Absence of injuries
- Vindictive victim
- Stand your ground
- Mutual combat or consensual confrontation