If you are caught or charged with a domestic violence-related crime in Florida, you will almost certainly face jail if convicted. Individuals who commit misdemeanor domestic battery in the first degree or more serious felony domestic violence crimes in Florida face mandatory minimum jail terms. If you are found guilty of domestic abuse, you may face further penalties, probation, and other punishments.
You are not obligated to defend yourself against these claims or traverse the criminal court system on your own. If you or a loved one has been charged with domestic abuse in Florida, the criminal defense attorneys at The Lee Law firm may be able to help. A skilled domestic violence defense attorney may be able to assist you in avoiding charges or a conviction, as well as achieving a more favorable outcome in your case.
Misdemeanor vs. Felony Domestic Violence in Florida
Domestic abuse, a minor assault violation, is simply the threat of violence and carries a maximum jail penalty of 60 days. Domestic battery is a first-degree misdemeanor punishable by up to a year in jail. There are also some felonies, such as aggravated battery with a fatal weapon, aggravated assault based on significant physical injury, aggravated battery on a pregnant female, and others. Depending on the relationship between the parties, any of these claims could be classified as domestic violence.
It should be noted that, depending on the charge, all of these felonies carry a maximum sentence. As a result, third-degree felonies are punishable by up to five years in prison, second-degree felonies by up to 15 years in prison, and first-degree felonies by up to 30 years in prison. While these are all maximum sentences, it is crucial to note that only a small percentage of people are sentenced to the maximum penalty for any given offense. The totality of the circumstances, such as the harms in a specific case, a person’s prior criminal history, and other variables, are considered in sentencing. Depending on the circumstances, fines may be lowered with the assistance of an expert Florida domestic violence defense attorney. In many cases, your sentence may include significantly more prison time than the legal minimum; nevertheless, if this is the case in your instance, we may be able to persuade the court to extend your sentence above the needed minimum.
Domestic Violence Penalties in Florida for the First Degree
If you are charged with domestic violence for the first time in Florida, you will almost certainly be charged with a first-degree misdemeanor. A first-degree misdemeanor is punishable by up to a year in jail and a $1,000 fine. It is possible that your first arrest will be distressing. The good news is that first-time offenders are typically treated more leniently depending on the circumstances, which can lead to a more favorable outcome. Your lawyer can intercede and aid convince the prosecution that your offense was a one-time occurrence that will never happen again if you hire a first-time offender defense attorney in Miami Gardens.
If the court finds that the defendant intentionally caused bodily harm, a statutory minimum penalty of 10 days in jail may be imposed. If the alleged crime occurred in the presence of a child under the age of 16 who is a family or household member of the victim or the accused, the penalty for your first offense of domestic violence includes a mandatory minimum sentence of 15 days in jail.
Individuals convicted of domestic violence or who enter a no-contest plea to a domestic violence charge must serve at least one year on probation and must complete a batterer’s intervention program. An experienced Florida criminal defense attorney routinely drops or reduces domestic violence charges. In other cases, mandatory treatment or jail time may not be necessary.
Domestic Violence Lawyer in Miami Gardens, FL
If you or a loved one has been charged with a domestic violence-related felony, especially if it is your first offense, contact an experienced criminal defense attorney in Miami Gardens, FL. We also represent clients who have received a domestic violence injunction for protection, as well as victims who want domestic violence charges against a loved one withdrawn. Please contact us or call us so that we can review your case as soon as possible.
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