Domestic Violence Defense Attorney in West Palm Beach
Have You Been Charged with Domestic Violence in Florida?
Domestic violence is a criminal charge that is often brought against a person who has been involved in a domestic dispute with a family member or significant other.
Domestic violence is not a specific charge, but rather a blanket term used to describe a number of violent crimes that are committed against family members or those with whom the perpetrator lives. Domestic violence can involve physical or emotional abuse, or even threats of abuse.
Penalties for Domestic Violence
The penalties for domestic violence will depend on the specific crime charged. Generally, domestic violence is a misdemeanor, which can carry penalties of up to one year in jail and a $1,000 fine. If the crime involved the use of a weapon, the penalties may increase to a third-degree felony, which carries up to five years in prison and a $5,000 fine.
Additionally, a person convicted of domestic violence may be required to participate in a domestic violence program and/or may be prohibited from contacting the victim for a period of time.
Domestic Violence & Firearms
A person who has been convicted of a domestic violence charge may also be prohibited from owning a firearm. In fact, even if you are convicted of a misdemeanor domestic violence crime, you may also be prohibited from owning a firearm. This is true even if the crime did not involve a weapon.
How Does Florida Define Domestic Violence?
Under Florida Statute 741.30, domestic violence is defined as the following:
- An act that constitutes a felony against a person
- An act that constitutes a misdemeanor against a person
- An act that constitutes any other offense that causes physical injury or death to a family or household member
The term "family or household member" includes the following:
- A spouse
- A former spouse
- A person who is related by blood or marriage
- A person who is related by a legal relationship
- A person who is related by a child, including a stepchild, an adopted child, or a foster child
- A person who currently lives or has lived with the defendant
- A person who has a child in common with the defendant
- A person who is or has been in an intimate relationship with the defendant
What is the Minimum Jail Sentence for Domestic Violence in Florida?
The minimum jail sentence for a first-time domestic violence offense is 9 days in jail. However, the court may choose to withhold the jail sentence if a defendant completes a domestic violence program.
What Are the Defenses for Domestic Violence Charges in Florida?
There are a number of defenses that may be available for domestic violence charges. These defenses may include:
- Defense of others
- Defense of property
- Lack of intent
- Lack of injury
Contact a West Palm Beach Domestic Violence Attorney
If you have been charged with domestic violence, it is vital that you speak with an experienced West Palm Beach domestic violence lawyer as soon as possible. Domestic violence charges are often very serious, and the consequences of a conviction can be life-altering. An experienced domestic violence defense lawyer can help protect your rights and fight to have your charges reduced or dismissed.
Attempted Second Degree Murder State vs Mckenley Dismissed
Burglary With A Battery State vs. Santos Not Guilty
DUI (3rd) State vs. Williams Not Guilty
First Degree Murder
State vs. BrunyNot Guilty
First Degree Murder State vs. Duncan Dismissed
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