Don Pumphrey and the firm have years of experience representing those who have been accused of domestic violence and those seeking injunctions to stop the cycle. 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. Even with no prior record, the first offense for domestic violence battery is chargedas a first-degree misdemeanor. Stipulating that a batterers intervention program be paid for and taken by Domestic Violence offenders ; requiring that the offender pay the cost of attending the program; amending s. 741.01, F.S. This is the states policy for several reasons, and it is designed to protect the victim. Florida law enforcement officers and prosecutors assigned to prosecute domestic violence charges take a strong stance against domestic violence. 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.. (727) 381-2300, Copyright 2020 St Petersburg Criminal Defense Attorney Sean K McQuaid | All Rights Reserved |, Disorderly Conduct/Disorderly Intoxication. Submitting or completing this form does not create an attorney client relationship with our firm, nor does it create an attorney client relationship with any attorney in the firm. 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 attorneys at The Umansky Law Firm will fight for your case and will not give up until the best possible situation for your case is achieved. 1005 N. Marion St.
Penalties for possession or use include jail time up to one year, fines up to $1,000, or both. A longer hearing can later be requested where more evidence is presented to meet a higher burden, and a permanent injunction can be obtained. However, the best circumstance for the accused is an acquittal after a trial or a plea to a reduced charge. This crime can also be charged as a felony with harsher penalties. WebDomestic battery or domestic violence battery in Florida is classified as a first-degree misdemeanor, which carries a potential jail sentence of one year and a fine of up to $1,000. Instead, contact a Florida criminal defense lawyer. Under Florida Statute 784.03(2), a person who has one prior conviction for battery, aggravated battery, or felony battery, who commits any second or subsequent battery commits a felony of the third degree, punishable by up to five years in prison and a $5,000 fine. Getting the best result in your case often requires the services of a skilled and experienced criminal defense attorney in Tampa, FL. This field is for validation purposes and should be left unchanged. For more information on how to get domestic violence charges dismissed, please contact us at: The Law Offices of Michael A. Dye, PA, 1 East Broward Boulevard #700, Fort Lauderdale, FL 33301 (954)990-0525 or. Matthew and his team made calls and were very persistent. 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. Florida Statute 893.13 defines single possession or delivery of marijuana under 20 grams as a first-degree misdemeanor. We fight a variety of domestic violence charges including battery, aggravated battery, assault, or aggravated assault. Msg rates may apply. WebSt Petersburg, FL 33731. Luring or enticing a child, as described in chapter 787; 4. How Serious Is a Stalking Charge in Florida? In Florida, domestic violence battery is one of the most defendable charges in all of criminal law, and a decision to plead should not be made without a lawyer thoroughly reviewing your case and considering all of your legal options. WebThe State Attorneys Office in Hillsborough County might offer a diversion program for a first time accusation of domestic violence. 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. At Musca Law, our domestic violence defense attorneys have extraordinary experience defending cases involving domestic violence in Florida. My reservations were quickly eased during my initial consultation. WebThe Mayberry Law Firm may be able to counsel and represent you regarding these charges. 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. 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 In the state of Florida, you can be charged for domestic violence for assault, battery, stalking, kidnapping, & more. All calls are toll-free and confidential. first to know with email alerts on important breaking *. His sincerity, empathy and commitment to advocating on my behalf were apparent. 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. Understanding Solicitation Laws, Current or former partners who live(d) in the same household, Parents and family members, related either by blood or marriage. The statute of limitations recognizes that over time, memories begin to fade and evidence can be lost. Some offenders may even have to complete probation. Justin is an absolute professional and took the time I needed to explain the process and his role thoroughly. 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. Dont take your chances facing the courts and prosecutor alone. The most common criminal charge for domestic violence is a misdemeanor offense of battery. Web1. St. Petersburg, FL 33707 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. Unfortunately, even first-time domestic violence charges can carry hefty consequences, including jail time and fines. A temporary injunction can be filed VERY quickly, often within days, even during COVID-limited court. Domestic violence is a serious charge that carries a social stigma that few other offenses do. Floridas domestic violence law has minimum mandatory sentences for domestic abusers. During 2020-21, Floridas domestic violence centers 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. Ultimately, Matt was able to negotiate a pretrial diversion program where all charges will be dismissed once my son has completed a 6 month program. WebFlorida judges begin custody decisions with the presumption that both parents should share custody, unless it would be detrimental to the child. You will have a chance to make phone calls while you are held in jail without bond. If your case involves drugs or alcohol, you may be required to attend drug or alcohol counseling. Sexual battery, as defined in chapter 794; 2. Domestic violence convictions, irrespective of the penalty imposed, will force the convicted offender to forfeit his or her Second Amendment rights. Fax: (727) 821-7101. Fax (850) 681-7518. You deserve fair treatment in the eyes of the law, and the Mike G team is here to ensure that happens.Dont wait. 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. Effective Defense from an AV Preeminent* Rated Former Prosecutor with more than 25 Years of Experience. As a result of these types of orders, people may be prevented from returning to their own homes and seeing their children. If a parent has been convicted of a misdemeanor domestic violence charge or worse, the courts presume that it would be detrimental to the child to give that parent custody. Probation is not easyit typically requires regular meetings with a probation officer and following very specific rules. Suite 526 Orlando, FL 32828, 6909 Old Highway 441 Suite 108, Office 600 Mount Dora, FL 32757. Individuals charged with domestic violence cases also underestimate the potential collateral consequences that these charges bring. We represent clients in Tampa and other areas of Hillsborough, Pasco, Pinellas, Sarasota, Polk, Manatee, and Hardee Counties. How Serious Is a Domestic Violence Charge for a First-Time Offender? How to Deal with Brain Injury in a Spouse. First-degree misdemeanors are the most misdemeanor crimes. Without a complaining victim, the State will likely find it very difficult to prove the alleged violence. Criminal defense lawyer Matt Shafran at Weinstein Legal is an attorney who will work aggressively to prove your innocence and to protect your reputation. In other words, the prior conviction enhances the second battery charge from a misdemeanor to a felony. Call 954-845-0505 today. By: Rick Hutchinson. Only a prosecutor can drop a domestic violence charge. Indecent exposure is a serious crime with harsh penalties. Misdemeanor offenses are less severe than felonies, but create many of the same obstacles as felony offenses. Most domestic violence charges will be sent to a special domestic violence court division. Being absolved in one case does not provide you with immunity in the other and having a lawyer to represent you throughout both is crucial. The domestic violence defense attorneys from Musca Law know how to craft a defense designed to limit their clients exposure to Floridas harsh domestic violence penalties. Find information on how to fight injunctions for protection against domestic violence at the return hearing scheduled in front of the judge. In Florida, they must live together, have lived together or have a child together. In Hillsborough County, FL, the average bond for domestic violence battery $500 when the offense is entered under charge code BATT1102. Over 106,000 domestic violence crimes were reported in 2020. - Privacy Policy - Lawyer Website Design by: INTERNET LAVA, domestic violence pre-trial intervention program (DVPTI), first domestic violence charge in Pasco County, 1st Domestic Violence Battery Offense in Hillsborough County, Domestic Violence Options in the City of Tampa, domestic violence injunction for protection, Violation of Domestic Violence Injunction. Hotline number: (727) 442-4128. Nothing on this site should be taken as legal advice for any individual case or situation. 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