Sometimes an argument can get out of hand, leading to an arrest with the potential of harsh penalties. However, it is important to remember that charges for domestic violence do not always lead to a conviction and sentencing. Cases may result from assault and battery when they involve family or household members, and when the two share children, the stakes can be much higher, as it could affect custody agreements. You will need the help of a trusted criminal defense attorney.
While the charges are serious, you have the right to defend yourself and are innocent until the state proves otherwise. Contact a proficient Key West domestic violence lawyer for more information.
What Is Domestic Violence in Florida?
An individual can face charges of domestic violence against family or a household member, including a current or former spouse, blood or marriage relatives, anyone they currently or previously resided with as family, or people who share a child, regardless of cohabitation.
Under Florida Statutes § 741.28, charges under the statute can result from an arrest for any of the following:
- Assault or aggravated assault
- Battery or aggravated battery
- Sexual assault or sexual battery
- Stalking or aggravated stalking
- Kidnapping or false imprisonment
- An arrest for any criminal offense, which results in physical harm or death
The legislation breaks sentencing and penalties down by severity. During a consultation, a knowledgeable Key West domestic violence attorney can provide more specific details about the arrest and potential outcomes.
Sentencing and Penalties
Domestic violence is typically the result of domestic battery, which involves any form of the intentional touching or striking of a family or household member against their will, and is usually a first-degree misdemeanor. A conviction for a first-degree misdemeanor, without severe injuries or causing harm by use of a deadly weapon, can mean spending up to one year in jail, one year of probation, or up to $1,000 in fines. If there was intentional bodily harm, the mandatory minimum sentence for the first offense is 10 days in jail.
That increases by five days for additional offenses, and if it happens in the presence of a minor under 16, the mandatory minimums increase. Convictions can also lead to mandatory education programs, firearms restrictions, and have severe consequences for custody and visitation arrangements.
Elevated Charges
When more serious actions occur, prosecutors may elevate the charges to felonies. Aggravated battery, causing great bodily injuries, such as permanent scarring or disfigurement, or using a deadly weapon, is a third-degree felony charge. Sentencing is up to five years in prison and fines of up to $5,000. Strangulation can often elevate a classification to a felony in the third degree.
Effective Defense Strategies
The most common and often the strongest defense against domestic violence charges is self-defense or “Stand Your Ground.” Under state laws, you have no legal requirement to retreat when there is a reasonable reason to believe there is a threat of imminent and unlawful force, such as the use of deadly force against the threat of severe bodily harm or death.
Your attorney must prove imminent threat and reasonable fear resulted in a proportional and necessary response. False allegations, lack of intent, or insufficient evidence are also potential defense options. After analyzing the arrest and the state’s evidence, a qualified domestic violence lawyer in Key West could tailor a strategy that meets the specific requirements of the case.
Meet With a Dedicated Domestic Violence Attorney in Key West
Accusations or an arrest for domestic violence can have lasting and disastrous consequences for your personal and professional life, following you around for years to come. Therefore, using the time you have to prepare to defend your rights and freedom is critical.
Every case is unique, and there is no way to know the most effective strategy without reviewing the details with an experienced legal professional. Call soon to schedule a consultation and review your case and defense options with a seasoned Key West domestic violence lawyer.