Your Bradenton Domestic Battery Attorneys
Whether you are charged with simple, domestic, or felony battery, it is important to have an attorney who understands and can guide you through the process. A conviction for battery can result in jail time, anger management courses, as well as other harsh sanctions. Regardless of the type of battery you are charged with you need an attorney who will advocate for your rights.
Domestic disputes have potential to spiral out of control quickly as a result of one partner or a neighbor calling law enforcement. When police are called, more often than not one party to the altercation will be arrested. Florida law requires those arrested for domestic battery to be held with no bond. This means that someone arrested for Domestic Violence will have to stay in jail until a judge, usually at First Appearance, sets bond. Also at First Appearance, the judge may order certain conditions of release.
The most common conditions for domestic battery charges are that the defendant have no contact with the alleged victim in the case and that the defendant refrain from returning to the property where the incident took place. Obviously these conditions could cause significant hardships for the defendant, the most problematic of all being that the defendant may be forbidden from returning home. It is VERY IMPORTANT that the defendant not violate these preliminary orders, as additional charges could be filed. It is possible to have these preliminary court orders dissolved under certain circumstances.
Contrary to popular belief, the alleged victim cannot “drop charges.” It is only the State Attorney who can prevent formal charges from being filed or alternatively decide to drop charges that are already filed. Call the Bradenton Domestic Battery attorneys at Fowler Law Group to discuss the specifics of your case, and to develop a strategy to help you put this episode behind you.
Simple Battery (Non Domestic)
Unlike an assault charge for threatening harm to another person, a battery occurs when a person intentionally touches another person against his or her will. Simple battery is a first degree misdemeanor in the State of Florida punishable by 11 months and 29 days in the county jail. Battery occurs when the victim was touched or struck against his or her will. By way of proof, the State oftentimes utilize photographs, witness statements and officer observations of alleged injuries to substantiate their claims. Therefore, photographs and other evidence showing injury to the defendant should be collected immediately. Be mindful, that a prosecutor has the ability to enhance a batter charge, meaning that the charge could be filed as a felony, depending on your criminal history.
Felony (Aggravted) Battery
Felony battery occurs if the alleged victim suffers “great bodily harm, permanent disability, or permanent disfigurement.” A conviction could result in a sentence of up to five years in prison, five years of probation, and/or up to a $5,000 fine. If you are charged with an aggravated battery, you could be sentenced to up to 15 years in jail, up to 15 years of probation, and/or up to $10,000 in fines in addition to possible restitution payments that would be made to the alleged victim. The laws that govern the different types of battery charges available to prosecutors in Florida is oftentimes confusing for those not versed in the law. If you are facing a felony battery charge, you should discuss your case with the experienced Bradenton criminal defense attorneys at Fowler Law Group to begin to identify potential defenses.
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Fowler Law Group proudly represents the citizens of Sarasota and Manatee Counties as well as the surrounding Tampa Bay area. Our experienced team will help guide you through the judicial process and answer all of your questions with honesty and integrity. We understand the important nature of your call, and we will strive to return all calls within 24 hours. Contact us today by completing our online form or calling us at 941-404-8909.