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Domestic Violence Battery in Florida

Domestic Violence is a politically charged subject in Florida and is prosecuted aggressively - usually by specially trained prosecutors.

Importantly, even though domestic violence cases are often the result of false accusations by spiteful partners, do not attempt to resolve a domestic violence case without an experienced attorney, because a plea results in:

• Mandatory Jail Time if there were injuries,
• Permanent Criminal Record
• Immigration Consequences as a Deportable Offense
• Ineligible for Sealing or Expungement, and
• Mandatory Counseling

If accused of Domestic Violence, you need to know the:

• Definition of Domestic Violence
• Penalties for Domestic Violence
• Defenses to Domestic Violence

So contact Tampa Domestic Violence Attorney Charley Demosthenous for a free consultation.

Definition of Domestic Violence

Commonly associated with a fight between a husband and a wife, domestic violence actually includes a range of criminal offenses committed by one family member against another.

Domestic Violence occurs when a family member injures or commits any violent offense against another family member. Some examples are:

• Assault or Battery,
• False Imprisonment of Kidnapping,
• Sexual Battery (Rape),
• Stalking,
• Any offense resulting in physical injury or death.

Penalties for Domestic Violence

In addition to the statutory penalties applicable to any domestic violence related criminal offense, you are also facing the following enhanced penalties.

• Minimum Mandatory Jail Time of Five (5) days in Jail
• Mandatory 26-29 Week Batterers Intervention Program
• Ineligible to ever be Sealed or Expunged from your criminal record
• Forfeit your right to have a gun while on probation, even for misdemeanor
• Your concealed weapons permit will be revoked

Defenses to Domestic Violence

Defending domestic violence cases are difficult, because deeper issues usually caused the altercation in the first place. These include:

• Alcohol, Drug, or Substance Abuse,
• Child Custody Disputes,
• Injunctions Proceedings,
• Mental Health Issues
• Pending Divorce, or
• Spiteful Family Members.

With these things in mind, the best way to approach a domestic violence case is to develop a plan that will not only result in the dismissal of the case, but also bring harmony between you and the accuser.

Victim Outreach

One of the first things I do when hired is reach out to the accuser. Many times, I find the accuser regrets what has been set in motion and wishes to stop things before they spiral out of control.

If this is so, I may be able to direct them towards the appropriate parties to expedite the dismissal of the case. Nevertheless, just because the accuser wants to "drop the charges," under Florida law the victim cannot drop charges, only the State Attorney can.

Treat the Problem

The second thing I do is recommend counseling pending resolution of the case, which allows you to treat the underlying issues that caused the altercation. I find this important because if the underlying issues are not addressed, many people find themselves right back at square one, which is something that should be avoided.

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The material on this page represents general legal advice. Since the law is continually changing, some of the provisions contained here may be out of date. It is always best to consult a criminal defense attorney about your legal rights and responsibilities regarding your particular case.

The hiring of a Florida criminal lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice or the formation of a criminal defense lawyer / client relationship.

Contact Criminal Defense Lawyer Charley Demosthenous

If you have been arrested or charged with a crime, please contact Tampa Criminal Defense Attorney Charley Demosthenous today. The sooner you contact me, the sooner I can establish a defense on your behalf.

The initial consultation is free of charge and I will inform you of possible defense strategies and/or remedies. I am available 24 hours a day, 7 days a week. (813) 857-8237

Serving all of the Tampa Bay Area and Throughout Florida.

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Know Your Rights!

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William S. Foley, P.A.
Divorce and Family Law

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