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In 2020, more than 100,000 cases of domestic violence were reported in Florida, leading to 63,217 arrests. Domestic violence charges are serious — a conviction can lead to heavy fines, jail time, and other penalties. Along with the penalties, domestic violence carries a social stigma, and it can hurt the reputation of the accused. Continue reading to learn more about the impact of domestic violence charges and how an attorney can help defend against them.

What Is Considered Domestic Violence? 

People often think of domestic violence as a physical assault. However, domestic violence also covers other types of violence including sexual assault, kidnapping, stalking, battery, economic abuse, coercive control, and emotional abuse. In Florida, domestic violence can be against any family or household member, including spouses, ex-spouses, individuals living together, individuals related by blood, and a few other categories. 

Penalties for Domestic Violence in Florida

The potential penalties for domestic violence charges can be quite severe. The incarceration time can range from 10 days in jail to 30 years in prison depending on the charges. For example, if the domestic violence charge is a misdemeanor assault, the maximum jail time is 60 days. If the charges include domestic battery, it comes as a first-degree misdemeanor, and that carries the potential of up to one year in jail. 

Repeat offenses, violence that resulted in physical injury, and aggravated battery with a lethal weapon can be considered felonies and carry more strict penalties. Florida has a mandatory arrest policy in cases where the police have reasonable cause to believe that domestic violence has happened. A third-degree felony can have a maximum of five years in jail, while a first-degree felony can have a maximum of 30 years.

Along with jail time, there could be fines ranging from a few hundred to tens of thousands of dollars depending on the severity of the offense and other factors. The convicted person can also be placed under probation for a set period of time. The probation period may require regular meetings with a probation officer, attending intervention programs, restrictions on employment, and other requirements. Domestic violence convictions can also go on your criminal record, which can have a long-term impact on your employment prospects, child custody disputes, and housing. 

Defenses to Domestic Violence

While domestic violence laws have been designed to protect the victims, there are cases where a person is wrongfully accused of domestic violence or the charges are exaggerated. If you have been charged with domestic violence, you should consult with a domestic violence attorney who can educate you on your rights. They can assess your case to guide you on the best legal route to dismiss the charges or get a reduced sentence. They can also gather evidence to help strengthen your case. The most common defense to domestic violence includes false accusation or self-defense, but the lawyer can also present other defenses such as lack of evidence. 

For assistance fighting domestic violence charges, contact domestic violence attorney Miami | Stroleny Law, P.A.