Sarasota Domestic Battery Lawyers | Fowler Law Group
DOMESTIC BATTERY LAWS EXPLAINED BY OUR SARASOTA DOMESTIC BATTERY LAWYERS
Seen as a crime of violence, a battery conviction could lead to mandatory anger management counseling, probation, jail or sometimes even prison. There are always two sides to a story and it is important to have an experienced Sarasota domestic battery lawyers in your corner and are willing and able to present your side of the events.
Overview of Domestic Violence in Florida
When a heated conflict between two family members suddenly turns physical, one or both participants may soon face domestic violence charges. Under Florida law, a criminal assault or battery becomes a domestic violence issue when certain facts are present in the situation – namely, the victims and participants maintain a familial or ex-familial relationship. The term domestic violence can encompass a wide range of activities beyond assault or battery. If you are facing a recent domestic violence charge, we encourage you to contact a domestic battery lawyer in Sarasota immediately, as conviction of this crime could leave lasting consequences on your criminal record. In a successful domestic battery defense, there may be alternatives for your case that, with the help of your lawyer, could avoid the caustic results of a permanent domestic violence conviction.
Simple Battery (Non-Domestic)
Generally, a battery occurs when someone becomes the victim of an unwanted touching. Contrary to popular belief, a battery does not necessarily have to be a punch. It can be as simple as a push, poke, or even spit. Nevertheless, simple battery is considered a first-degree misdemeanor in Florida, punishable by 11 months and 29 days in county jail. When prosecuting battery cases, the State will typically use photographs collected by police officers at the scene, witness statements, and their own observations of how the alleged victim looked when police arrived. It VERY important that the defense of battery cases begin as soon as possible after the arrest. The defendant may have bruising or scrapes consistent with self-defense, and it is important to document that evidence before the injuries begin to fade. The Sarasota domestic battery attorneys at Fowler Law Group can help by explaining the process, and advising you as to what steps can be taken to place you in the best position possible.
Felony (Aggravated) Battery
Felony battery occurs when the injuries to the alleged victim are so serious enough to cause “great bodily harm, permanent disability, or permanent disfigurement” Felony battery also takes place when it is “aggravated” in the sense that a deadly weapon was used, or the victim was pregnant, and the defendant knew or should have known that the victim was pregnant. Aggravated battery charges could lead to up to 15 years in prison, 15 years’ probation and/or fines up to $10,000. Felony battery is a serious charge that needs serious defense work to explore any potential defenses. Don’t leave the fate of your conviction up to chance. Contact a Sarasota domestic battery attorney from the Fowler Law Group today by calling 941-404-8909 or using our contact form below.
Penalties for a Domestic Battery Charge in Florida
There are a number of collateral consequences to pleading guilty or no contest to a domestic violence charge. Aside from incarceration, convictees may be unable to obtain or maintain employment, enroll in school or obtain certain certifications or licensure. Other penalties associated with a domestic violence charge include:
- Relinquishment of firearms
- Loss of custody or visitation rights
- Mandatory participation a domestic violence counseling
- Mandatory jail time if injuries are reported
However, there are several ways to defend against domestic battery charges, and your attorney can help you determine the best course of action for your case. For instance, if your accuser was the first to become physical, you may be able to successfully argue that you acted in self-defense.
Likewise, the presence of mental health issues – including substance abuse – could help with a reduction in charges provided you agree to attend counseling or some sort of treatment facility to help with the underlying problem. And, as always, your Sarasota domestic battery lawyers will work tirelessly to uncover inconsistencies, exaggerations or fabrications in the evidence and testimony provided by both the accuser and law enforcement.
Your Right Will Be Better Protected If You Call Sarasota Domestic Battery Lawyers Right Away
In Florida, when an officer responds to a domestic disturbance call, more likely than not one party will be going to jail that night, with a zero bond. This means that the defendant will be unable to get out of jail until a First Appearance judge, which will take place within 24 hours of the defendant’s arrest, sets bond. At First appearances, the Judge has the option to set restrictions upon the release of the defendant, usually issuing a no contact order between the defendant and the victim and prohibiting the defendant from returning to the property where the alleged incident took place. As a result, the Defendant will often be prohibited from speaking to a loved one, or even returning to their home.
In certain circumstances, a Sarasota defense attorney may be able to get these conditions of released modified so that the defendant may return home. Additionally, upon conviction for such an offense, the defendant would be required to attend and complete a 29-week Certified Batterer’s Intervention Program, in addition to other sanctions such as fines, probation or even incarceration.
When you hire a member of the Fowler Law Group, you’ll have an attorney who has been on both sides of the table when dealing with these types of cases. As former prosecutors, our Sarasota domestic battery lawyers have handled minor domestic cases involving pushes, to more involved cases dealing with injury to the alleged victim.
Contact the Fowler Law Group for Details
If you are facing a recent domestic violence or battery charge, contacting Sarasota domestic violence lawyers is one of the best first phone calls you can make. To get started on your defense and to preserve your reputation, please contact our Sarasota office by calling 941-404-8909.
What To Expect When Hiring Our Office
HAVE YOU RECENTLY FACED LEGAL ISSUES? WE CAN HELP!
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.