Did you know over 100,000 cases of domestic violence were reported to authorities in Florida? Domestic violence cases are taken very seriously, and if you are arrested for this crime, it’s crucial that you have a strong defense attorney to defend your rights. This article will explain what to do if you have been accused of domestic violence in Bradenton, Florida.
What is Domestic Violence?
The 2021 Florida Statutes, section 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 resulting in physical injury or death of one family or household member by another family or household member.”
Domestic violence includes physical, sexual, or emotional violence or aggression by a current or former intimate partner in an intimate relationship. Intimate relationships can range from family members, such as parent and child, to romantic partners, such as boyfriend and girlfriend, to friends, such as coworkers and colleagues. It can include such things as being stalked or harassed, being forced to do things without consent, being threatened, being followed, or being intimidated.
Here are the definitions for the most common domestic violence violations according to the Florida Statutes:
- Assault is “an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.”
- Aggravated assault is “an assault: (a) With a deadly weapon without intent to kill; or (b) With an intent to commit a felony.”
- Battery is when someone “actually and intentionally touches or strikes another person against the will of the other; or intentionally causes bodily harm to another person.”
- Aggravated battery is when someone “intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or uses a deadly weapon.”
What Are Domestic Violence Penalties?
Florida domestic violence penalties vary depending on the circumstances of the case and the type of violence committed. The penalties for battery, the most common form of domestic violence, are typically less severe than those for aggravated battery, which occurs when a perpetrator uses a weapon or causes serious bodily harm or death. Penalties for aggravated battery include imprisonment, a fine, or both.
The penalties for domestic violence battery which is classified as a first-degree misdemeanor, include: one year in jail or one year on probation and a $1,000 fine
Additional penalties include:
- Required completion of the Batterer’s Intervention Program
- Increased community service hours
- Unable to have your criminal record expunged
- Loss of certain civil liberties like a concealed carry permit
What to do if You’re Accused of a Domestic Violence Offense?
If you have been accused of a crime related to domestic violence, it is important to know that the law offers many defenses to these types of cases. It is possible to fight back against your ex-partner and secure a favorable outcome. However, it is beneficial to seek out a criminal attorney knowledgeable in the area of domestic violence if you can afford it.
Common defenses to domestic violence include:
- Self defense
- The act was minimal and should not be tried at the criminal level
- There is a misrepresentation of the facts
- The allegations are false
- The relationship with the victim is tense and thus the charges are exaggerated
- You were defending someone else
Hire a Legal Team to Defend Your Rights
The Hanlon Law firm is highly experienced in handling domestic violence cases. We have the knowledge and the resources to ensure that you receive the best possible representation. Our lawyers work hard to successfully get the case dismissed, the charges reduced, or an acquittal in the situation of a domestic abuse case. We understand the stresses of a domestic violence charge and will do everything we can to make this as easy as possible for you. We can help you fight false allegations of domestic violence.
It is essential to ensure that you have the very best defense possible by retaining the services of a lawyer who has a great deal of relevant expertise. These instances can be highly complicated, but there are defenses available for them.
If you or someone you know has been accused of domestic violence, don’t wait to reach out to Hanlon Law for legal advice. Contact us today for a free consultation.
1111 3rd Ave W Ste 310
Bradenton, FL 34205