A domestic violence allegation is a serious accusation. Even if the charge was false, it could lead to life-changing consequences. Domestic violence can affect your children, spouse, and other members of the family. If you have been implicated in a domestic violence incident in Jacksonville, make sure to reach out to the experienced criminal defense lawyer, Darryl Smith.
Florida prosecutors will aggressively pursue harsh sentences in domestic violence offenses. In the state, several crimes fall under the domestic violence category, including:
Depending on the circumstances, many of these offenses can be elevated to aggravated crimes.
According to Florida Statute 741.28, domestic violence includes all those above crimes that have “resulted in physical injury or death of one family or household member by another family or household member.”
There must be a relationship between the offender and the victim. Some of these connections include:
If there was some type of physical contact with the victim, then you might be charged with battery. Florida defines battery as “intentionally touching or striking another person against the will of the other.”
When that physical contact does inflict bodily harm, permanent disability, or permanent disfigurement, these charges could escalate to a felony battery.
In some cases, the domestic violence victim might file a protective injunction against the offender. This injunction is a civil action against the defendant, and he or she must abide by all the stipulations in the order. Florida requires specific benchmarks to grant these orders. The petitioner must show that he or she is:
After the injunction is filed, the judge will review the facts and make sure it has met all the necessary requirements. If you are served with an injunction, you must stay away from your accuser. Along with that, you have to return to court at a specific time.
The process is similar to a criminal case, including submitting evidence before the court. After all the evidence has been reviewed, the judge can dismiss the case or issue a permanent injunction.
With a permanent injunction, you might even lose the ability to visit your children or other family members. For that reason, you will want to speak to a skilled criminal defense lawyer in Jacksonville.
Under Florida Statute 784.046, several crimes qualify for a protection injunction, such as dating violence, sexual violence, or incidents of repeat violence. Stalking and cyberstalking are also covered under the statute.
If you have been accused of these crimes, then the victim may be able to get an injunction against you. It is vital to talk to a domestic violence attorney about your specific circumstances.
In most cases, the accused individual must be held in custody until they can make an initial appearance in court. Along with the arrest, there is often a no-contact order given to the offender. If you have received a no-contact order, you will not be able to speak or visit the victim.
For those who continue to make verbal or physical contact, you could face additional criminal charges. Some penalties for violating these orders include a monetary fine, jail terms, and an additional misdemeanor charge.
Domestic battery is a first-degree misdemeanor charge in the state of Florida. Anyone convicted of this offense might have to spend one year in jail and pay a $1,000 fine.
If the charges have been elevated to felony domestic battery, then it is a third-degree felony offense. These penalties include a five-year jail sentence and a maximum $5,000 fine.
Along with these penalties, the defendant might face other serious consequences, such as:
In Florida, domestic violence covers more than just assault and battery. Any violence against a spouse or family member can be included under the state’s domestic violence laws. When you are accused of these crimes, you will experience some life-altering consequences. You could lose your constitutional rights, livelihood, and freedom.
With a skilled domestic violence attorney in Jacksonville, you can mount a strong defense for your case. Certain circumstances might have resulted in a domestic violence charge. When you have the proper legal counsel, you can create a strategy for a positive outcome of your case.
There are many types of defenses to a charge of domestic violence, including:
No two domestic violence cases are the same. Depending on your specific facts, you will need a defense that is tailor-made to your needs. In any accusation of domestic violence, you must have an experienced attorney on your side. Without proper legal representation, you could face some consequences that will affect your life for many years.
If you have been accused or charged with domestic violence in Jacksonville, make sure to contact Darryl Smith. He is an experienced lawyer who has represented clients in these cases.
Darryl also understands the complexities of these sensitive cases. He can craft a defense that may bring you a positive outcome. When you need skilled legal representation for your domestic violence charge, reach out to his Jacksonville office.