You argued. Voices rose. Maybe a neighbor called the police. Now you’re facing a criminal charge and wondering how things escalated so quickly. If you’ve been accused of domestic violence in Florida, it’s natural to feel overwhelmed and anxious about what comes next.
The good news? Not every domestic violence arrest ends in a trial or a permanent criminal record.
At the Law Offices of Robert David Malove, our Fort Lauderdale domestic violence defense lawyers team helps people in situations like yours. Depending on the details of your case, it may be possible to get your domestic violence charge dismissed or reduced to a less serious charge like disorderly conduct.
The Difference Between Domestic Violence and Disorderly Conduct in Florida
Florida law defines domestic violence broadly. According to Florida Statute 741.28(2), domestic violence is an 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. A domestic violence conviction can have serious consequences, including jail time, a permanent criminal record, and restrictions on gun ownership.
Disorderly conduct, by contrast, is a second-degree misdemeanor. It's often referred to as "breach of the peace" and generally applies to public disturbances, fights, or offensive conduct that affects others. Penalties may include up to 60 days in jail and a $500 fine, but it's far less damaging than a domestic violence conviction.
When Prosecutors May Consider Reducing a Domestic Violence Charge to Disorderly Conduct
Prosecutors in Florida don’t take domestic violence lightly. However, they may agree to reduce the charge to disorderly conduct in certain situations, especially when:
- The evidence is weak. If there are no visible injuries, conflicting witness statements, or a lack of physical evidence, prosecutors may have a harder time proving the case beyond a reasonable doubt.
- The alleged victim recants or refuses to cooperate. Even if someone changes their mind about pressing charges, prosecutors can still move forward. However, a reluctant witness may influence their decision and the strength of their case.
- The incident was minor or isolated. If the altercation was verbal rather than physical, and no one was hurt, prosecutors might view it as a candidate for a reduced charge or diversion.
Additionally, first-time offenders are more likely to be offered a plea deal involving disorderly conduct.
Ultimately, the decision about whether to reduce charges is up to prosecutorial discretion.
Should You Accept a Plea to Disorderly Conduct?
It depends. A reduced charge can mean avoiding jail, domestic violence counseling, or the loss of certain rights. But there are trade-offs. Pleading to disorderly conduct still creates a criminal record, which can affect employment, housing, and more.
An experienced Fort Lauderdale criminal defense lawyer at the Law Offices of Robert David Malove will provide you with the information you need to make an informed decision. Some things to consider include:
- Is it your best option? Sometimes, disorderly conduct is the most favorable resolution available. But your attorney might recommend fighting the charge if the case is weak.
- Is diversion an option? You may be eligible for a pretrial diversion program that results in dismissal of charges after you complete certain conditions, like counseling or community service.
- What are the long-term consequences? Even a reduced charge can show up on background checks. Your lawyer can explain whether sealing or expunging your record might be possible.
Whether you’re hoping to reduce your charge or get it dismissed entirely, talking to an experienced Fort Lauderdale criminal lawyer is essential.
Be ready to discuss:
- Exactly what happened. Even small details can be key to building a defense.
- Any previous incidents or police reports. Prior calls to the same address, even without arrests, can influence how prosecutors view your case.
- Communication with the alleged victim. Your lawyer needs to know whether you're still in contact and if they’re willing to testify.
- Any evidence that supports your version of events. Photos, texts, videos, and witness names should all be shared with your defense team.
A domestic violence arrest doesn’t have to define your future. Whether you're facing a misunderstanding, a false accusation, or an isolated mistake, there may be ways to fight back. The Fort Lauderdale criminal defense lawyers at the Law Offices of Robert David Malove are here to help you understand your options and protect your rights.
