Are you facing domestic violence charges? If you have been accused, your best course of action is to speak with Grozinger Law, P.A. an attorney who will aid you in figuring out the best way to keep your rights intact as well as reduce any possible penalties you may face.
Contact us or call 407-915-0715 to get in touch with us and see how we can help your case.
For those who are victims of abuse or know someone who is, we also want to share some of the great organizations and resources out there whose aim is to help those who have been victimized. Being a victim in this troubled time can be very difficult, and it often comes with certain stigmas perpetuated by society; we're here to tell you that many of the myths about victims of abuse can often times cause more harm, and should not be taken seriously.
Laws and Penalties in Florida
In the state of Florida, there are distinct types of domestic violence that exist, which can result in either a misdemeanor or a felony charge.
- Child Abuse
- Aggravated Child Abuse
- Violations of Injunctions
- Domestic Assault / Battery
- Aggravated Assault
- Aggravated Battery
- False Imprisonment
Any of the above are considered to be crimes when they result in physical harm or death of a family member by another family member, a person in the household, or someone in a dating relationship. Those who are considered to be family are also liable to face punishment, should they be found guilty of any of those crimes. Regardless of how the incident came to be, there are unique challeneges faced in creating the proper defense.
Types of Defense
In this particular case, if there's enough evidence to take it to court, there's really only one method of defense available, and that's self-defense. In order to reduce or remove the charges that you're facing, it's incumbent upon finding evidence to suggest that you were acting in accordance with preserving yourself rather than aggressive action. If this can be found, there's a strong opportunity that your case will be either removed or your sentencing will be reduced.
Penalties and Sentencing
There is a minimum punishment of five days in county jail for anyone convicted of domestic violence, however beyond that there are unique elements that determine the length or severity of punishment. The main factor in your sentencing will be what accompanied the charge.
- Restraining Orders and Injunctions
Assault and aggravated assault elevate the degree of penalty that you may face, because they are charged as different levels of misdemeanor. When charged as assault, it will result in a second degree misdemeanor, while aggravated assault carries with it penalties in accordance with third degree felonies. Battery is similar in that you may be charged in the first degree of misdemeanor or as severe as a third degree felony.
If your charge is increased to a misdemeanor, you can see imprisonment for sixty days to one year, while a third degree felony could mean a sentencing of imprisonment that could last for up to five years. In the case of a restraining order or injunction, the state may prosecute a violation of that order as a first degree misdemeanor, which may include a sentencing of up to one year in prison. If you are convicted, the record cannot be expunged or sealed, which is why I strongly advise seeking out a professional domestic violence attorney to help you with your case. You do not want that as a permanent stain on your record.
Every case is unique, and by taking the proper steps, we can ensure that there is enough force put behind your case to bring you the best result. Our goal is to keep you out of jail, and keep your future intact, so do not hesitate to reach out to us the moment you are accused. The penalties do not stop at the sentencing, and we know that you're going to want to keep the worst from happening.
Regardless of your history, we can help you with your case. Our experience can help to prevent you from getting those charges ultimately placed on your record. You don't have to go it alone, and we want to help you by advising you and defending your case to the best of our ability. Contact us to see how we can represent you.