Your Sarasota Domestic Battery Attorneys
Domestic Battery Laws
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 experienced domestic battery lawyers who are in your corner and are willing and able to present your side of the events.
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. This means that often times, the Defendant will be prohibited from speaking to a loved one, or even returning to their home. In certain circumstances, an 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. The Sarasota domestic battery lawyers at Fowler Law Group have been on both sides of the table when dealing with these types of cases. As former prosecutors they have handled minor domestic cases involving pushes, to more involved cases dealing with injury to the alleged victim.
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 Attorney 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 lawyers 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.
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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.