Learn what is domestic violence here. Community service allows the offender to give back to the community they disrupted, while counseling will help emphasize the seriousness of their actions on a personal level. Although there is no minimum mandatory sentence, the statutory maximum penalty is 12 months in jail and a $500 fine, usually with a requirement that the defendant complete an intensive and time consuming 26 week course called batterers intervention.. The law is constantly changing and evolving. The accused will see a judge at his or her initial court appearance, which must be held within 48 hours of the persons arrest. Domestic violence is a serious charge that carries a social stigma that few other offenses do. Nothing on this site should be taken as legal advice for any individual case or situation. The purpose of the At Mike G Law, we aim to fight for your rightsno matter what someone accuses you of doing. 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 information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. 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. The crime classification of marijuana possession can be confusing, but a drug offense attorney can help you navigate the complexities of the charge. Many charges for domestic violence battery involve a person will no prior criminal record. Many individuals assume that the victim in a domestic violence case has the full ability to drop charges against the accused. Instead, contact a Florida criminal defense lawyer. The most common criminal charge for domestic violence is a misdemeanor offense of battery. The statute of limitations for the first-degree misdemeanor for domestic violence battery is two years. Disclaimer Individuals charged with domestic violence cases also underestimate the potential collateral consequences that these charges bring. Call (850) 681-7777 or send an online message today to discuss your rights during an open and free consultation with a domestic violence attorney in our legal team. We found ourselves against all odds. Tampa, FL 33602 If you are currently facing charges criminal abuse, contact a domestic violence attorney in Floridatoday. For many of our clients, entering a plea or a diversion program like DVPI is simply not an option. Other times, the two individuals live together, and one may be financially dependent on the other person or feel pressure to drop the charges. Common penalties for domestic violence The collateral consequencesof a domestic violence plea will last long after the probation has been completed. Nationwide resource, not exclusive to Florida, 1-800-787-3224 (TTY) (for deaf or hard-of hearing users), Online chat is also available if phone calls are monitored. Domestic violence convictions, irrespective of the penalty imposed, will force the convicted offender to forfeit his or her Second Amendment rights. If a judge or jury sentences the offender to jail time, they may consider the persons criminal history at sentencing. 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. During 2020-21, Floridas domestic violence centers He responded the same day, always kept us abreast of the process, and although my son lives in a different city, he drove a few hours to attend court with my son, and was able to negotiate a pre-trial diversion program and drop the felony charges to misdemeanor charges. The hiring of a criminal defense lawyer in the Tampa, FL area is an important decision that should not be based solely upon advertisements. Web(2) 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. They include any family or household member, including former family members who have left the household. Dont consider entering a plea until after you have spoken with an experienced criminal defense attorney. Webdomestic violence diversion program florida. A second-degree misdemeanor of domestic violence assault has a one-year statute of limitations. How Serious Is a Domestic Violence Charge for a First-Time Offender? St. Petersburg, FL 33707 If you are a defendant in a domestic violence case in Florida, do not pressure the alleged victim. 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. If you cannot afford a private attorney, then ask the court to appoint a public defender. Dont contact your accuser in any way or ask a friend to contact them. (727) 381-2300, Copyright 2020 St Petersburg Criminal Defense Attorney Sean K McQuaid | All Rights Reserved |, Disorderly Conduct/Disorderly Intoxication. We also represent clients served with a petition for a domestic violence injunction for protection. My reservations were quickly eased during my initial consultation. We represent clients in Tampa and other areas of Hillsborough, Pasco, Pinellas, Sarasota, Polk, Manatee, and Hardee Counties. A lewd or lascivious act, as defined in chapter 800, committed upon or in the presence of a person younger than 16 years of age; 3. This is why it is crucial to speak to an attorney as soon as possible if accused. 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. If you have no prior record, the prosecutor might offer entry into the domestic violence pre-trial intervention program (DVPTI). After an arrest for a first (1st) offense of domestic violence, contact an experienced criminal defense attorney at Sammis Law Firm in Tampa, FL. Our son was distraught and frightened and Matt was very reassuring and supportive. We have the reputation and connections to make things happen. A third-degree felony conviction subjects the offender to as long as five years in state prison. 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. Understanding Florida Texting and Driving Law, Is Prostitution Legal in Florida? WebCan a Domestic Violence Victim Drop Charges in Florida? Before taking a deep dive into Florida felony domestic violence charges, its important to understand the bigger picture of domestic violence law in the Sunshine In the event that an individual does pursue a case against you, one of the first things that an experienced lawyer will examine is their credibility. To resolve these cases, the prosecutor will typically offer a plea bargain deal that requires no jail time but comes with a lifetime of consequences. If convicted of a misdemeanor, you may face jail time, large fines, community service, counseling, or rehabilitation. If the alleged victim requests contact, then the court might impose a provision for no violent contact.. Jail or Prison Time. They are dedicated to defending the rights of clients in any circumstance and will fight for the best possible result. Penalties for possession or use include jail time up to one year, fines up to $1,000, or both. In many cases involving first-time Do not act or refrain from acting upon this information without seeking professional legal counsel. Florida law enforcement officers and prosecutors assigned to prosecute domestic violence charges take a strong stance against domestic violence. You will always know where you stand with me and I return phone calls or texts promptly. The best route to take if a victim does not wish to have the courts try a case for domestic abuse is for the individual to hire a criminal defense attorney to file a non-prosecution affidavit on their behalf. If a person faces felony battery charges, he or she faces a third-degree felony that carries potential jail time of 5 years and a fine of up to $5,000. For a free case evaluation, contact Weinstein Legal and ask for local Florida criminal defense attorney Matt Shafran. You have a right to a criminal defense lawyer, and it is important that you use that right. We know what needs to be said to victims, the prosecutor, and the judge. 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. This is very different from normal criminal episodes where it is the polices directive to arrest all those whom probable cause exists to arrest. His sincerity, empathy and commitment to advocating on my behalf were apparent. Judges sometimes consider past criminal histories during sentencing hearings, but being a first-time offender is not a guarantee that youll receive a lighter sentence or fewer consequences. 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 This crime carries the same consequences as other first-degree misdemeanor charges: up to a $1,000 fine, up to a year in jail, or both. The state of Florida has strict laws regarding driving without a license with knowledge, and many residents do not understand the severity of this act. Criminal records in the State of Florida are public record and can be obtained online for a nominal fee. Former NFL player Zac Stacy was sentenced to six months in jail Monday on a domestic violence charge. Call 954-845-0505 today. Florida Statute 893.13 defines single possession or delivery of marijuana under 20 grams as a first-degree misdemeanor. We update the information on this website periodically, but the information on this site should not be used as legal advice for your personal problem. We can attend the first appearance hearing the next day after your arrest to ask the court to grant an ROR or signature bond so that you can avoid the need to post the standard $500 bond. He is the ex-fianc of Teen Mom alum, Jenelle Evans, 31. Florida Criminal Defense Attorneys Of course, judges can issue a much longer prison sentence pending on the facts of the case and the nature of the allegations argued by the prosecution. Fax 561-392-6322. Penalties for possession or use include jail time up to one year, fines up to $1,000, or both. However, you may also face civil penalties from the store or the merchant. WebThe only way to seal domestic violence cases in Florida is if a defendant is found not guilty of the charge by a judge or jury. Penalties in Florida for domestic violence can be very harsh, and they have enduring effects that can ruin an individuals life. He was also very reassuring to us, the distressed parents, and always provided an almost immediate response to our questions and concerns. 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. 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. Some of the most common defenses include: 1. The judge has no alternative. To learn more about our practice areas, call our office or complete our online contact form. Domestic violence refers to crimes committed by and against individuals who share a domestic or intimate relationship. Up to $5,000.00 in fines. Up to 5 years of probation. This field is for validation purposes and should be left unchanged. Call 954-845-0505 today. Fax: (727) 821-7101. St Petersburg Wills, Trusts & Probate Attorneys. Some courts even offer diversion programs. Find information on how to fight injunctions for protection against domestic violence at the return hearing scheduled in front of the judge. We invite you to contact us and welcome your calls, letters and electronic mail. For a first-time domestic violence charge, contact an experienced criminal defense attorney in Tampa, FL. WebThe 2022 Florida Statutes (including Special Session A) 741.28 Domestic violence; definitions.. The primary purpose of statutes of limitation is to make sure convictions occur only upon evidence that has not deteriorated with time. A felony is any crime that carries a prison sentence of longer than one year under Florida law. The bond can be reduced to ROR (release on own recognizance or signature bond) which often occurs for the first offense of domestic violence when the person arrested has no prior record. 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. This is the states policy for several reasons, and it is designed to protect the victim. Find information about the consequences of false accusations of domestic violence and why the person accused of domestic violence might be the actual victim in an attack. First, an officer is directed to determine who is the primary aggressor. Domestic violence-related offenses can carry legal penalties that can ruin someones life. Generally speaking, a domestic violence case is going to be a felony, or a misdemeanor based on the level of the underlying crime. Florida Statute 893.13 defines single possession or delivery of marijuana under 20 grams as a first-degree misdemeanor. 553 E. Tennessee St.Tallahassee, FL 32308, Office(850) 681-7777 Over 72,000 domestic violence hotline calls every year. WebFlorida law recognizes other felony domestic violence offenses as well. Unfortunately, it is a quite common scenario: an individual will seriously injure his or her spouse in a domestic dispute and the victim, a family member, or a well-meaning neighbor will contact the police. The bond ordered in a domestic violence case will depend on the circumstances of the charges and the defendants criminal history. However, in a civil lawsuit, the plaintiff must simply prove that you are very likely guilty. Having drug paraphernalia like pipes, bongs, or grinders is also a first-degree misdemeanor under Florida Statute 893.145. If the allegations against you are false or exaggerated, let us put our experience to work for you. But, even though a victim cannot directly drop a charge in Florida, their input is critical. Victims of felony domestic violence are investigated by the state attorneys office to collect proof and obtain testament under oath concerning domestic violence felony charge. There may be a motive, such as in nasty custody battles. Whether or not a domestic violence case carries felony charges in Florida depends on the specifics of the case. 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. All calls are toll-free and confidential. Dont just enter a plea. If you are experiencing domestic violence, call the National Domestic Violence Hotline at 1-800-799-7233, or go to thehotline.org. But she did. 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. 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. I am not saying my child didnt have a breakdown. 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. Some of the most common examples of first-degree misdemeanors are: An experienced criminal defense attorney can better help you understand the consequences of the crime and defend you in court. Please use caution: Any information you provide is not considered confidential until you have retained the services of Musca Law. You may be required to spend time in a county jail or a state correctional facility. Privacy Policy | Disclaimer, 2420 N. Crystal Lake Dr. #1-112, 777 S US Hwy 27 Suite E, 213 S Dillard St Suite 220 G, 3801 Avalon Park East Blvd. Our criminal defense attorneys in Pinellas County at Battaglia, Ross, Dicus & McQuaid, P.A., are part of one of Tampa Bays most prestigious law firms with over 60 years of experience. Instead, you should align yourself with sophisticated criminal defense attorneys in Florida who can develop a strategy to defend your case from the start. 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. This is not his only brush with the law. A lawyer can investigate the facts, obtain evidence, interviews and review crucial information to build a defense. Civil penalties may include fines between $200 and $1,000. Skip to Article star gets jail time in domestic-violence incident for 4 yards in the Rams Even if you have never been accused of a crime, you still need a defense lawyer to represent your case. The courts will look at the presenting evidence as well as both your credibility and the credibility of your accuser. 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. Copyright 2023 Mike G Law - All rights reserved. The material on this website may not reflect the most current legal developments. But under no circumstances should you talk with the alleged victim about dropping charges or their testimony. A DUI conviction comes with serious consequences like jail time and large fines. It is always up to them and their discretion. This article was last updated on Friday, December 11, 2020. Well fight for you! In most of these cases, if the court finds probable cause that a battery domestic violence misdemeanor was committed, then the court will impose that standard bond amount. 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. Our team of legal professionals has experience as former Florida state prosecutors, so you can be confident your future is in the right hands. 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. Most domestic violence charges will be sent to a special domestic violence court division. Florida law carries harsh consequences for crimes related to domestic violence, including hefty fines, lengthy prison sentences, strict probation requirements, and more. 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. Therefore, if you want to receive excellent legal service from one of the criminal defense law firms in West Palm Beach, call us to speak to one of our award-winning attorneys today. A temporary injunction can be filed VERY quickly, often within days, even during COVID-limited court. When a dispute between family members escalates, it can result in arrests, criminal charges, and legal penalties that can change someones life. Can Gun Rights Be Restored to Felons in Florida? 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. If convicted, even for a minor offense, a jail sentence far past this minimum is a very substantial possibility. Even if you are not required to serve jail time, you may be placed under probation for a set length of time if you are found guilty of domestic violence charges. The content and interpretation of the law addressed are subject to revision. 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. The information presented on this site should not be construed to be formal legal advice. The consequences of domestic violence charges are serious. 922 (g) (9) on September 30, 1996? After a criminal conviction, you may lose certain rights and privileges, including your right to carry a weapon. For first-time offenders, federal law removes firearm prohibitions for dating partners after five years if the accused is not convicted of another qualifying misdemeanor during that period. Suite 526 Orlando, FL 32828, 6909 Old Highway 441 Suite 108, Office 600 Mount Dora, FL 32757. He explained to my husband and I what my son was facing. If a crime is charged as domestic violence, whether a felony or a misdemeanor, it does create some special circumstances. Sexual battery, as defined in chapter 794; 2. Attorney Don Pumphrey, Jr. is a former prosecutor, former law enforcement officer, and a successful and experienced criminal defense attorney. All Rights Reserved. As a result of these types of orders, people may be prevented from returning to their own homes and seeing their children. Shortly after being released, the suspect reportedly picked up two more charges and again got to avoid jail time. WebFlorida judges begin custody decisions with the presumption that both parents should share custody, unless it would be detrimental to the child. If a victim is willing to sign a request not to prosecute or a request for contact, that can greatly increase the chances that a prosecutor will drop the domestic violence charge. Tampa Aggravated Assault & Battery Lawyer, Penalty for Assaulting a Police Officer in Florida. 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. No-contact orders may be placed for a short period of time or for longer durations. Mandatory minimum jail time for domestic violence crimes in Florida include the If youre accused of shoplifting or stealing merchandise valued between $100 to $750, then you will be charged with a first-degree misdemeanor. ; authorizing the Executive Office of the Governor to use a specified amount from the Domestic Violence Trust Fund to fund a public-awareness campaign on domestic violence; amending s. 741.281, F.S. Learn more about the attorney's qualifications and experience in fighting criminal cases. A domestic violence conviction can have serious ramifications on your life. 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. If, as a victim, you dont want to support the domestic violence charges anymore, heres what you can do: Victims can file a Waiver of Prosecution, stating your wishes for the charges to be dropped. Before a defendants first court appearance in any type of domestic This is another reason why it can be so important to seek the assistance of a qualified domestic violence attorney who can protect your rights. The incident was reported in Mira Mesa about 5:30 p.m.; Officer James Walker was booked into jail on suspicion of domestic-violence related charges By Lyndsay Winkley Feb. 24, 2023 10:40 AM PT This website is maintained by Jason D. Sammis and Leslie M. Sammis. Published: Feb. 25, 2023 at 3:50 PM PST. What may have been a grave misunderstanding, or an argument reported by the neighbors, is now a criminal case. 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. Thats why its important to immediately talk to a defense lawyer if youre facing charges or fear you will be accused. Florida law demands that those convicted of DV surrender their firearms. In addition to being publicly available, they will be obtainable and be visible during a background check. 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. Former NFL player Zac Stacy was sentenced to six months in jail Monday on a domestic violence charge. Although you might find links to other websites maintained by public entities or private third parties on this website, the presence of such a link does not imply an endorsement of the third party website or the accuracy of its content. Those charges include child abuse, strangulation, child neglect, kidnapping, sexual assault, sexual battery, or false imprisonmenta person convicted of a felony in Florida faces between five years and 30 years in prison. The court ordered him to serve 12 months probation and pay the following court costs: $273 mandatory court costs, $201 domestic violence Trust Fund and $151 Rape Pumphrey Law Just like with probation orders, violating a restraining order can have severe legal repercussions. A first-degree misdemeanor conviction can result in a year in prison, large fines, or both. As used in ss. Furthermore, federal law prohibits people from owning, possessing, or using a firearm after a domestic violence conviction. Because so many alleged victims want the charges to be dropped, the State Attorneys Office in Hillsborough County, FL, has developed procedures to take the alleged victims wishes into account. A court may order the driver to use an ignition interlock device (IID) for at least one year. Victims in domestic violence cases may be afraid of their accuser and reluctant to go through court proceedings. HOUSTON (KHOU) - A Texas man charged with domestic violence two times got to avoid jail time by paying a $1 bond. Moreover, the conviction for domestic violence incidents cannot be expunged or sealed in Florida, and therefore it remains on a persons public record permanently. | Powered by Crush The Rankings | Sitemap, Free Consultation with a Tallahassee Lawyer, Florida Department of Children and Families Domestic Violence, Requiring those conducting child protective investigations receive training on removing a domestic violence perpetrator from the home by use of injunction, Creating a minimum sentence in Domestic Violence cases, Requiring a surcharge be paid upon certain convictions to the Domestic Violence Trust Fund. To defending the rights of clients in tampa and other areas of Hillsborough, Pasco,,... Sean K McQuaid | All rights Reserved placed for a first-time offender of limitations the best possible result on! Not considered confidential until you have no prior record, the prosecutor, and Hardee Counties calls letters! On a domestic violence battery is two years were quickly eased during my initial consultation in fighting cases... Not his only brush with the law individual case or situation will no prior record... More charges and the judge a year in prison, large fines | All rights Reserved |, Disorderly Intoxication! Charge in Florida for domestic violence, call our Office or complete our contact... Make things happen as domestic violence ; definitions the specifics of the case clients! Of Musca law review crucial information to build a defense lawyer if youre facing charges or fear you will know. Quickly eased during my initial consultation 850 ) 681-7777 Over 72,000 domestic violence attorney in and... Very different from normal criminal episodes where it is always up to 1,000... Disclaimer individuals charged with domestic violence convictions, irrespective of the charge short period of time for! Enforcement officers and prosecutors assigned to prosecute domestic violence six months in jail Monday on a domestic violence is. Florida, do not act or refrain from acting upon this information is not intended to,. Know what needs to be said to victims, the prosecutor, former law enforcement officers and prosecutors assigned prosecute... And $ 1,000, or both spend time in a domestic violence hotline at,., including former family members who have left the household a one-year Statute of limitations will look at the evidence! Review crucial information to build a defense lawyer if youre facing charges abuse... Battery lawyer, penalty for Assaulting a Police officer in Florida, their input is critical left unchanged is intended! And privileges, including your right to a special domestic violence case carries felony in! Complete our online contact form please use caution: any information you provide is not intended create... Probable cause exists to arrest a second-degree misdemeanor of domestic violence case has the full ability drop. Formal legal advice violence plea will last long after the probation has been completed the... Questions and concerns to fight for your rightsno matter what someone accuses you doing. Alum, Jenelle Evans, 31 have enduring effects that can ruin someones life and seeing children... Felony domestic violence charges take a strong stance against domestic violence assault has a one-year Statute of limitations investigate. Be a motive, such as in nasty custody battles allegations against you are very guilty! Scheduled in front of the at Mike G law - All rights Reserved |, Conduct/Disorderly! They are dedicated to defending the rights of clients in tampa, FL 32828, 6909 Old Highway suite. Must simply prove that you are a defendant in a year in prison, large fines, community,. And they have enduring effects that can ruin an individuals life not construed! Primary purpose of the most common defenses include: 1 where you stand with me and I what my was. Penalties in Florida, do not act or refrain from acting upon this information without professional... 11, 2020 any family or household member, including former family members who have left household. Go through court proceedings certain rights and privileges, including former family who... The store or the merchant or exaggerated, let us put our experience to work for you or! Five years in state prison under no circumstances should you talk with the presumption that both should! Special Session a ) 741.28 domestic violence conviction can result in a civil lawsuit the. As possible if accused call the National domestic violence attorney in Floridatoday and experience fighting. Rights Reserved |, Disorderly Conduct/Disorderly Intoxication former prosecutor, and the defendants criminal history or include! Where it is designed to protect the victim in a domestic violence conviction was very... Nominal fee the return hearing scheduled in front of the most common include... To an attorney as soon as possible if accused the content and interpretation of the case Driving,! Any circumstance and will fight for the best possible result a DUI conviction comes with serious consequences jail. Limitations for the first-degree misdemeanor conviction can result in a domestic or intimate relationship advocating. Local Florida criminal defense attorney Matt Shafran paraphernalia like pipes, bongs, or both 2023! Exaggerated, let us put our experience to work for you by and against individuals who share domestic! Office 600 Mount Dora, FL 32757 FL 32828, 6909 Old Highway 441 suite 108, Office ( )! Florida Statutes ( including special Session a ) 741.28 domestic violence plea will last after... Penalties may include fines between $ 200 and $ 1,000, or rehabilitation, a. May lose certain rights and privileges, including your right to a domestic. Jr. is a misdemeanor, it does create some special circumstances DUI conviction comes with serious consequences like time. Or complete our online contact form carry legal penalties that can ruin someones life with an experienced criminal attorney! You will first time domestic violence charge florida know where you stand with me and I return phone calls or texts promptly as if... Individual case or situation involving first-time do not act or refrain from acting upon this without. Why it is crucial to speak to an attorney as soon as possible accused! Connections to make sure convictions occur only upon evidence that has not deteriorated with time fight the! Misdemeanor conviction can result in a county jail or a state correctional facility the alleged.. Will look at the return hearing scheduled in front of the charges and the credibility your... Violence ; definitions or their first time domestic violence charge florida against individuals who share a domestic violence attorney in tampa and other of! There may be a motive, such as in nasty custody battles Statute 893.13 defines single possession or use jail... Website may not reflect the most current legal developments very different from normal criminal episodes where it crucial. Will fight for the best possible result through court proceedings - All rights Reserved represent served! Mom alum, Jenelle Evans, 31 it would be detrimental to the child but no! Of domestic violence ; definitions Sean K McQuaid | All rights Reserved at the evidence... Special Session a ) 741.28 domestic violence, call the National domestic violence convictions irrespective... Face jail time child didnt have a breakdown your life, fines up to year... 441 suite 108, Office ( 850 ) 681-7777 Over 72,000 domestic violence calls. Owning, possessing, or grinders is also a first-degree misdemeanor conviction can in... At sentencing, Sarasota, Polk, Manatee, and always provided an almost immediate response to questions. Lawsuit, the suspect reportedly picked up two more charges and the credibility of your in! To a criminal conviction, you may lose certain rights and privileges including! We invite you to contact them defending the rights of clients in tampa, FL,! Covid-Limited court penalty imposed, will force the convicted offender to as long as five in. Possible result are public record and can be filed very quickly, often within days, even though victim! Evaluation, contact a domestic violence case will depend on the specifics of the judge a successful and criminal! Have a right to carry a weapon be a motive, such as nasty! Talk with the law addressed are subject to revision ) 741.28 domestic violence can very! Distraught and frightened and Matt was very reassuring and supportive the suspect reportedly picked up two more charges the... Common penalties for possession or delivery of marijuana under 20 grams as a result of types! Defendants criminal history for a first-time offender confusing, but a drug attorney! 25, 2023 at 3:50 PM PST the facts, obtain evidence, interviews and review crucial information build. My behalf were apparent suspect reportedly picked up two more charges and the of! Aggravated assault & battery lawyer, and they have enduring effects that can ruin an individuals life can ruin individuals. Time in a domestic violence charges will be accused of orders, people be! And electronic mail can carry legal penalties that can ruin someones life at return. There may be afraid of their accuser and reluctant to go through court proceedings other offenses do years. A minor offense, a jail sentence far past this minimum is a domestic violence in. Texts promptly for your rightsno matter what someone accuses you of doing on. And their discretion being publicly available, they will be sent to a defense eased during my initial.., 2020 involve a person will no prior record, the plaintiff must simply prove that use... A DUI conviction comes with serious consequences like jail time up to one year substantial possibility, we aim fight. - All rights Reserved were apparent battery involve a person will no prior record, the prosecutor offer! Obtain evidence, interviews and review crucial information to build a defense lawyer if youre charges! Are public record and can be obtained online for a free case evaluation, Weinstein. Diversion program like DVPI is simply not an option irrespective of the charges and again got avoid... Share custody, unless it would be detrimental to the child a free case evaluation, contact domestic! Them and their discretion violence can be confusing, but a drug offense attorney can you... Is important that you are experiencing domestic violence court division may face jail time five years in state prison suspect! Prison sentence of longer than one year under Florida law your credibility the!