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. In Florida, they must live together, have lived together or have a child together. 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. If convicted, you may face jail time or large fines. Nothing on this site should be taken as legal advice for any individual case or situation. 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. A domestic violence conviction can have serious ramifications on your life. Zac Stacy pleaded guilty to two counts of criminal mischief in Florida. This includes convictions for Domestic Violence. Once I reached out to Matt he was back in touch within the hour. Dont contact your accuser in any way or ask a friend to contact them. DV laws cover: The most serious potential penalty associated with domestic violence charges is jail or prison time. They could also face up to nine months in jail and have their license suspended for 180 days. We fight a variety of domestic violence charges including battery, aggravated battery, assault, or aggravated assault. Every day that you wait is a day that the prosecution, and possibly your accuser, is working to prove your guilt and secure a conviction. However, you may also face civil penalties from the store or the merchant. My reservations were quickly eased during my initial consultation. 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. How to Deal with Brain Injury in a Spouse. As stated above, there are a few limited exceptions that allow a person to own a gun after a domestic violence conviction. If the alleged victim requests contact, then the court might impose a provision for no violent contact.. Yes, I agree to terms and conditions of the contact form disclaimer. Domestic violence is a serious charge that carries a social stigma that few other offenses do. His sincerity, empathy and commitment to advocating on my behalf were apparent. Please call, text or fill out our form to get in touch with our team now. But she did. 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. Jail or Prison Time. The form also requires a statement that the alleged victim is acting freely and voluntarily and not because of a threat. We called after our son was arrested for a crime he committed nearly 9 months earlier. 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. Thank you Mathew!! Many charges for domestic violence battery involve a person will no prior criminal record. If your case involves drugs or alcohol, you may be required to attend drug or alcohol counseling. What may have been a grave misunderstanding, or an argument reported by the neighbors, is now a criminal case. First-degree misdemeanors are the most misdemeanor crimes. 2013 - 2023 Sammis Law Firm P.A. A lawyer can investigate the facts, obtain evidence, interviews and review crucial information to build a defense. Provides information that is relevant to people of all genders, not just women. Skip to Article star gets jail time in domestic-violence incident for 4 yards in the Rams 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. It will significantly help your case to have character witnesses testify on your behalf. 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 Second, even if the relationship requirement is met, not all crimes constitute domestic violence. The information on this website is for general information purposes only. United States of America WebThe bond ordered in a domestic violence case will depend on the circumstances of the charges and the defendants criminal history. Possible consequences of a conviction may include losing custody of your children, spending time in jail, having to complete probation, counseling, and more. A third-degree felony conviction subjects the offender to as long as five years in state prison. WebFlorida law recognizes other felony domestic violence offenses as well. Past results are not a guarantee of future successes. The use of the Internet for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. This allows a small amount of testimony to be presented to obtain a temporary protection order that will limit contact and prevent the perpetrator from hurting you. When a dispute between family members escalates, it can result in arrests, criminal charges, and legal penalties that can change someones life. In Florida, crimes are divided into misdemeanors and felonies. Florida Statutes 741.2901 demands that domestic violence be treated as a criminal act. Weve handled countless domestic abuse cases over the years and can quickly put together a strategy for your defense. It also helps to ensure that no other problems occur after the charges are droppedand that everyone in the family is satisfied with the outcome. 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. The most serious potential penalty associated with domestic violence charges is jail or prison time. Probation is not easyit typically requires regular meetings with a probation officer and following very specific rules. Zac Stacy pleaded guilty to two counts of criminal mischief in Florida. An individual is considered to be driving under the influence in Florida when their blood alcohol content (BAC) is .08 or above. Don has achieved over 100 not guilty verdicts at trial and over 2,000 dismissals. Some of the most common defenses include: 1. During 2020-21, Floridas domestic violence centers 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. If youre accused of shoplifting or stealing merchandise valued between $100 to $750, then you will be charged with a first-degree misdemeanor. Sometimes, even if the victim wants the charges dropped, the State will proceed with the case. He was also very reassuring to us, the distressed parents, and always provided an almost immediate response to our questions and concerns. Those convicted of a first-degree misdemeanor can be punished by up to one year in jail and/or fined up to $1,000. Criminal Domestic Violence cases, as addressed in the rest of this article are filed by the police in the county court where the allegations are alleged to have occurred. Depending on other factors, you may even lose your license for a period of time. Mr. Shafran is ready to fight aggressively to protect your rights. Fax (850) 681-7518. 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. When considering how to get charges dropped for domestic violence, a lawyer will follow similar steps in a civil lawsuit as they would in a criminal trial. * Disclaimer: Each case is different, and the results in a case depend on many factors. 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 Typically, DV includes any crime that results in physical injury or death (such as assault or battery), threats of physical injury, or loss of freedoms (like kidnapping or false imprisonment). I look forward to helping you throughout this difficult time and thank you in advance for trusting me with this important task., 5858 Central Ave suite d 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. A statute of limitation in Florida for misdemeanor acts of domestic violence such as the first offense of domestic violence battery is three years. A misdemeanor is a serious criminal matter that will open up a criminal record. Pumphrey Law If a judge finds you innocent in a criminal case, your accuser may still bring you to civil court. St. Petersburg, FL 33707 This means that even if a victim states that they would like to drop the charges, you may still face a court hearing and possible consequences. Also, if you enter a plea, you will NEVER be able to seal or expunge the record. 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 How Serious Is a Domestic Violence Charge for a First-Time Offender? Web(6) A person who willfully violates a condition of pretrial release provided in s. 903.047, when the original arrest was for an act of domestic violence as defined in s. 741.28, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, and shall be held in custody until his or her first appearance. Information submitted to the Law Firm before an agreement, in writing signed by an attorney in the firm, will not bar the law firm from representing or continued representation of someone whos interests are adverse to yours in connection with your case. Contact us online or call us at 813.221.4303 to learn how we can help. 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. Former NFL player Zac Stacy was sentenced to six months in jail Monday on a domestic violence charge. The court determines that a state prison sentence or a jail sentence longer than the minimum sentence is necessary to meet the ends of justice. This website is maintained by Jason D. Sammis and Leslie M. Sammis. 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. His performance in court was outstanding and gave me a big victory. At Mike G Law, we aim to fight for your rightsno matter what someone accuses you of doing. While the victim may choose not to pursue the case in civil court, and may not file for an order of protection, ultimately it is up to the state and the prosecuting attorney whether or not to continue with the case. Well fight for you! Call us However, you need the help of an experienced criminal lawyer on your side fighting to prove your innocence. 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first time domestic violence charge florida