Charged With Domestic Abuse?
If you get arrested for a domestic violence offense, then you need a Tampa Domestic Violence Lawyer.
The State of Florida has both criminal and family laws that favor the prosecution and are aimed to prevent domestic violence and provide remedies in the criminal and civil courts.
Florida Statues provides a definition for domestic violence as “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.”
Family or household members include spouses, ex-spouses, blood relatives, relatives by marriage, and parents of a child in common, those who currently reside together as a family or did in the past.
If you are facing domestic violence charges, you need legal representation. Law enforcement acts quickly in domestic violence cases out of concern for the safety of the victims.
de la Grana | Boardman is experienced in all aspects of domestic violence crimes, and they have helped many clients through aggressive and successful defense.
Domestic Violence Arrest
It is the job of law enforcement to arrest domestic violence offenders. The job of the prosecution is to see that the accused individual is stopped from committing further acts of domestic violence.
If a family or household member is arrested for domestic violence, and it is determined that the offender is guilty of intentionally inflicting bodily harm on another, the judge will order a minimum 5 days served in a county jail. Whether guilty or innocent, the accused must remain in jail until the first appearance in court to set bond.
The courts will then consider prior arrests, the safety of the victim and the victim’s children and the likelihood of danger if the defendant is released from jail when deciding on a sentence.
Domestic violence may result in charges for assault & battery, and if convicted can mean imprisonment and payment of large fines. Battery penalties can include 60 days – 1 year in prison. A defendant convicted of domestic violence as a 2nd degree felony charge can spend up to 15 years in prison.
A 3rd degree felony can carry a sentence of 5 years imprisonment. The sentencing can depend on the severity of the crime and other factors such as the use of a weapon or firearm, domestic abuse against a minor, or the use of illegal drugs during the commission of the crime.