While domestic violence is not considered a distinct criminal offense in Florida, having another criminal charge classified as domestic violence can still have very serious consequences. On top of the potential for enhanced criminal penalties upon conviction, domestic violence offenses can also serve as the basis for family court proceedings that could end with an injunction being established against you or even the loss of custody or visitation rights.
Put simply, an accusation of violence against a family member, romantic partner, or housemate is always worth taking seriously, and that means getting help from the best criminal defense attorneys. If you are facing allegations along these lines, do not hesitate to contact a Sunrise domestic violence lawyer at Rossen Law Firm. We know that these cases can be highly sensitive and emotional, which is why we are here to provide unwavering support and a strong defense on your behalf.
Common Domestic Violence Offenses in Sunrise
According to Florida Statutes §741.28, “domestic violence” entails any of the following criminal offenses being committed against a “family or household member”:
- Simple or aggravated assault
- Simple or aggravated battery
- Sexual assault and/or battery
- Simple or aggravated stalking
- Kidnapping
- False imprisonment
- Any offense directly resulting in physical injury or death
Under this same statute, the term “family or household member” is defined to include not just relatives by marriage or blood, but also people residing together “as if a family” and co-parents of the same child. Violence against a former household or family member is treated as equivalent to violence against a current one.
Under Fla. Stat. §741.29, law enforcement officers responding to reports of alleged domestic violence must assist alleged victims with getting medical treatment, inform them of their rights both verbally and in writing, and report the incident in writing to their supervisor. They also have the authority to make one or more arrests at the scene of an alleged offense based on their interpretation of who the “primary aggressor” was, as a Sunrise domestic violence attorney can further explain.
Special Penalties for Domestic Violence Convictions
In a broad sense, the penalties associated with a domestic violence offense are the same as those which could be applied to the underlying charge under normal circumstances. In addition, though, Fla. Stat. §741.281 requires courts to impose a minimum one-year probation term for anyone convicted of an offense classified as domestic violence. Courts can also require the defendant to attend a batterers’ intervention program unless they provide an opinion on the record that attending such a program would not be suitable for the defendant under the circumstances.
Under Fla. Stat. §741.283, anyone who commits a domestic violence offense that involves intentionally inflicting bodily harm on the targeted family or household member must serve a minimum of five days in county jail, unless their offense also carries a non-suspendable term in state prison. A domestic violence lawyer in Sunrise can go into further detail about the penalties that may come with a specific charge during a confidential consultation.
Speak with an Expert Sunrise Domestic Violence Attorney About Your Legal Options
Domestic violence charges can be tricky to effectively fight and even trickier to move on from if they end with a conviction. Having experienced legal professionals from Rossen Law Firm in your corner can make all the difference in how your case proceeds.
Sometimes, all it takes is one small thing getting blown out of proportion for you to end up facing serious legal consequences. At Rossen Law Firm, we believe that your rights deserve protection, and we are ready to go to bat for you in court. One small mistake does not have to turn your entire life upside down. To speak with one of our Sunrise domestic violence lawyers about the next steps in your case, contact our office today.