Domestic violence is very different from other criminal charges. Sometimes emotions can get out of hand with those we love most. While many assume that domestic violence can occur only between individuals living together or couples, this is not the case. In Florida, domestic violence pertains to not only spouses, but also former spouses, blood or marriage relatives, individuals with a child together, or persons currently or formerly residing together as a family.
Another common misconception about domestic violence is that the alleged victim has the option of dropping charges – this is not the case. If paramedics or the police respond to a potential domestic violence case in the state of Florida, they are required to arrest the alleged perpetrator(s). This often leads to false arrests or serious charges for relatively minor incidents.
It is in your best interest to attain legal counsel immediately if you were arrested anywhere in South Florida and charged with domestic violence. Domestic violence is a serious matter – Florida prosecutors take a tough stance against alleged abusers – so you need an attorney with the experience and know-how to defend you. Established in 2008, The Berman Law Group has built a reputation as fearless and indefatigable defenders of their client’s rights.
If you need an experienced defender, call The Berman Law Group right now at 1 (800) 375-5555 for a free consultation, where you’ll receive an honest and thorough evaluation of your case from a member of our knowledgeable team of Florida domestic violence attorneys.
Domestic Violence Definition
Florida Statute § 741.28(2) defines domestic violence as “any 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.”
Domestic Violence Penalties
The penalties for domestic violence under Florida Statute § 741.283 are as follows:
- § 741.283(1)(a) – “If a person is adjudicated guilty of a crime of domestic violence, as defined in § 741.28, and the person has intentionally caused bodily harm to another person, the court shall order the person to serve a minimum of 10 days in the county jail for a first offense, 15 days for a second offense, and 20 days for a third or subsequent offense as part of the sentence imposed, unless the court sentences the person to a nonsuspended period of incarceration in a state correctional facility.”
- § 741.283(1)(b) – “If a person is adjudicated guilty of a crime of domestic violence, as defined in s. 741.28, and the person has intentionally caused bodily harm to another person, and the crime of domestic violence takes place in the presence of a child under 16 years of age who is a family or household member, as defined in § 741.28, of the victim or the perpetrator, the court shall order the person to serve a minimum of 15 days in the county jail for a first offense, 20 days for a second offense, and 30 days for a third or subsequent offense as part of the sentence imposed, unless the court sentences the person to a nonsuspended period of incarceration in a state correctional facility.”
A court may impose additional charges since domestic violence charges are treated differently than other assault charges. These can include:
- Mandatory jail time if injuries occurred
- Deportation for non-citizens
- Loss of Concealed weapons permit
- Loss of right to carry a firearm
- Mandatory counseling
- A permanent criminal record
Because of the serious nature of domestic violence charges in the State of Florida, it is imperative you obtain legal counsel immediately after you are charged. Call The Berman Law Group today at 1 (800) 375-5555 for your free consultation.