In Florida, the term domestic violence can have several meanings. The actual charge will largely vary based on the severity of the injuries involved and whether you have a criminal history of perpetrating household violence. Regardless, domestic violence charges, whether misdemeanor assault or battery, or more serious felonies, carry serious penalties and will leave a mark on your criminal record that will be difficult to explain on job applications and more. Florida criminal defense attorney Ron Herman at Herman Law, P.A. provides unrivaled client support and rigorous legal representation no matter what charge you are up against.
What are the Penalties for a Domestic Violence Conviction?
Domestic violence, also referred to as “domestic assault” or “domestic battery,” is defined under Florida law as an intentional and actual touching or striking of a family or household member without that person’s consent. A household or family member includes:
- Husband or wife;
- Ex-husband or ex-wife;
- Relatives by blood or marriage;
- People with a child in common; and
- People who have lived together as a family in the past.
If you are arrested upon suspicion of domestic violence, you are not eligible to post bond and be released from jail until you appear before a judge which happens within 24 hours of your arrest. Additionally, as a common condition to your bond, you are prevented from contacting the alleged victim or visiting his or her place of residence, even if you also reside there.
In every domestic violence case, the State Attorney’s Office will make the decision of whether to prosecute the accused regardless of whether the alleged victim wants the State to pursue and prosecute the case. The State Attorney will proceed with prosecution, even if the victim does not want this, if there is sufficient evidence that the crime was actually committed.
In Florida, first degree domestic battery carries heavy penalties including up to 12 months in jail or 12 months of probation, as well as a $1,000 fine. Because of the unique nature of a domestic violence incident, those convicted of this crime may face additional penalties that include:
- Completion of a Batterer’s Intervention Program;
- Mandatory minimum 5 days of jail time;
- Community service;
- Loss of certain civil liberties such as the ability to obtain a concealed weapons license; and
- Imposition of a ‘no contact’ order or injunction.
Additionally, if you are convicted, your domestic violence case cannot be sealed or expunged.
Trusted Criminal Defense Representation When You Need It Most.
The penalties and the stigma associated with a domestic violence conviction will follow you well into the future. Do not leave anything to chance if you are facing this type of criminal charge. Experienced criminal defense attorney Ron Herman is here to defend you within every inch of the law. Contact Herman Law, P.A. today and have the benefit of trusted criminal defense representation by your side.