While Florida state law does not have a specific statute defining “domestic violence” as a unique criminal offense, law enforcement and courts can still classify certain charges as “domestic violence.” The exact nature of the underlying charge can greatly affect how your criminal case will progress, as well as what kinds of penalties you might find yourself facing in the event of a conviction.
If you have been accused of violence against a family or household member, you have the same rights as anyone else accused of a criminal offense in Florida. The qualified defense attorneys at Rossen Law Firm can provide vital help enforcing those rights. With an expert Kendall domestic violence lawyer on your side, you can give yourself the best chance at a positive outcome.
What Qualifies as “Domestic Violence” in Kendall?
According to subsection (2) of Florida Statutes §741.28, anyone who commits any of the following offenses against a “family or household member” has committed “domestic violence”:
- Simple or aggravated assault
- Simple or aggravated battery
- Sexual assault and/or battery
- Simple or aggravated stalking
- Kidnapping
- False imprisonment
- Any other offense directly resulting in physical injury or death
Subsection (3) of this same statute defines “family or household member” to include not only current and former spouses as well as all relatives by blood or marriage but also co-parents of a child and anyone who currently shares or formerly shared a residence with the defendant “as if a family.”
With this in mind, the specific jail or prison times and fines associated with a domestic violence conviction can vary substantially depending on the underlying charge(s) which has been categorized as “domestic violence.” As an experienced local attorney can affirm, there are also several sanctions that courts can impose against people convicted of domestic violence that would not be applicable in non-domestic-violence cases built around the same charge(s).
Unique Penalties for Domestic Violence Convictions
Under Fla. Stat. §741.283, anyone convicted of a domestic violence offense that involves intentionally and successfully causing bodily harm to a family or household member must serve a mandatory minimum of ten days in jail, unless the nature of the offense is such that the court sentences you to incarceration in state prison. Note that the 10-day minimum sentence only applies to first-time domestic violence offenders. Second-time offenders are subject to mandatory 15-day jail terms, and third and subsequent offenses can carry mandatory 20-day jail terms.
State law also gives courts authority—and sometimes requires them—to impose several other penalties on people convicted of domestic violence. Potential penalties include a year of probation, mandatory attendance and completion of a six-month Batterer’s Intervention Program, community service requirements, loss of concealed carry rights and other civil liberties, and a “no contact” injunction. During your
initial strategy session at Rossen Law Firm, an
expert Kendall lawyer can explain the penalties that your specific domestic violence charge might carry.
Work With the Best Kendall Domestic Violence Attorneys
Domestic violence allegations can be immensely disruptive to every part of your life, even if you can ultimately resolve them out of court. If you end up facing criminal charges over this sort of accusation, the quality of legal counsel you retain can make all the difference in what the next years and even decades of your life look like for you.
The
award-winning team at Rossen Law Firm is ready to walk you through this process professionally and without judgment. Our Kendall domestic violence lawyers have a track record of success with cases like these, so you can rest assured that your defense is in good hands. Learn more by
calling today.