We have vast experience handling cases like this where mistakes and tensions became life-changing allegations. If you are found guilty of a domestic violence charge, there is a mandatory minimum jail sentence of 10 days (first), 15 days (second), or 20 days (third or If you are the victim of domestic violence, do not hesitate to reach out for help, not just from a domestic violence attorney, but also from the countless agencies who are there to help you. Like any criminal charges, domestic violence charges are eligible for expungement if they are not filed, dropped by the state, or dismissed by the court. Before a defendants first court appearance in any type of domestic It may be possible to have your charges reduced, or even dismissed entirely. You may be surprised to learn that you can face both criminal charges for domestic violence as well as a separate, civil lawsuit for the same alleged crime. However, the minimum sentence increases to 15 days if a child under 16 witnessed the domestic violence incident. WebFelony Domestic Violence Charges With a Domestic Violence felony charge usually severe abuse takes place. Published: Feb. 25, 2023 at 3:50 PM PST. A persons second DUI conviction within 5 years of the first is a first-degree misdemeanor. Our phones are open 24-hours a day, 365-days a year and there is never a time when your call for help will go unanswered. He responded the same day, always kept us abreast of the process, and although my son lives in a different city, he drove a few hours to attend court with my son, and was able to negotiate a pre-trial diversion program and drop the felony charges to misdemeanor charges. Florida Criminal Defense Attorneys The only way to avoid these minimum jail sentences are to commit a crime serious enough to warrant prison or beat the charges through trial or dismissal. WebAccording to a December 28, 2022 ESPN News report, Davis was arrested for domestic violence and charged with battery causing bodily harm. These options may not be available if you enter a plea of any kind before seeking an attorney, a consultation is crucial to making sure your record does not end up with a lifetime entry of domestic violence. Dont contact your accuser in any way or ask a friend to contact them. The most serious potential penalty associated with domestic violence charges is jail or prison time. This allows a small amount of testimony to be presented to obtain a temporary protection order that will limit contact and prevent the perpetrator from hurting you. Zac Stacy pleaded guilty to two counts of criminal mischief in Florida. All rights reserved.|Disclaimer|Privacy policy. Instead, you should align yourself with sophisticated criminal defense attorneys in Florida who can develop a strategy to defend your case from the start. In that instance, the accused must ask for a bond hearing, often referred to as an Arthur Hearing, so that the judge can assess whether the accused is eligible to post bond. The attorneys at The Umansky Law Firm will fight for your case and will not give up until the best possible situation for your case is achieved. Were here to listen to your side of the storyand shield your legal freedoms to the full extent of the law. If the police arrive at a scene and arrest you for domestic violence it is a criminal charge and the prosecutors office will review the facts of your case and determine if there is enough evidence to place you on trial. The statute of limitations recognizes that over time, memories begin to fade and evidence can be lost. Domestic violence convictions, irrespective of the penalty imposed, will force the convicted offender to forfeit his or her Second Amendment rights. Some of the most common examples of first-degree misdemeanors are: An experienced criminal defense attorney can better help you understand the consequences of the crime and defend you in court. If convicted, even for a minor offense, a jail sentence far past this minimum is a very substantial possibility. Having Your Domestic Violence Case Expunged. Office: 813.250.0500 Shortly after being released, the suspect reportedly picked up two more charges and again got to avoid jail time. The information presented on this site should not be construed to be formal legal advice. Domestic violence is a serious charge that carries a social stigma that few other offenses do. It is helpful, however, to understand that it is fairly unusual for first-time domestic violence offenders in Hillsborough County, FL, to go to jail for a misdemeanor offense after entering a plea of guilty or no contest. Domestic violence is taken very seriously in Florida. 553 E. Tennessee St.Tallahassee, FL 32308, Office(850) 681-7777 Call 954-845-0505 today. Tampa, FL 33602 For purposes of a felony conviction for a second or subsequent battery, the term conviction applies even if the court withheld adjudication or a nolo contendere plea was entered. After a domestic violence conviction, a person may not be allowed to have contact with or come within a certain distance of their accuser. He is the ex-fianc of Teen Mom alum, Jenelle Evans, 31. My son got a felony for possession of THC oil, I immediately started looking for legal assistance and was blessed to find Mathew Shafran. But under no circumstances should you talk with the alleged victim about dropping charges or their testimony. Having drug paraphernalia like pipes, bongs, or grinders is also a first-degree misdemeanor under Florida Statute 893.145. A second-degree misdemeanor of domestic violence assault has a one-year statute of limitations. After your arrest, you will be held in custody without bond until you appear in court for the first time. Domestic violence refers to crimes committed by and against individuals who share a domestic or intimate relationship. A second prostitution offense is a first-degree misdemeanor and may bring up to a year in jail, fines up to $1,000, or both. Instead, the State Attorneys Office for the Thirteenth Judicial Circut typically offers the first-time offenders an offer for 12 months probation to enroll in a twenty-six (26) week batterers counseling program. For a free case evaluation, contact Weinstein Legal and ask for local Florida criminal defense attorney Matt Shafran. Dont take your chances facing the courts and prosecutor alone. We represent clients in Tampa and other areas of Hillsborough, Pasco, Pinellas, Sarasota, Polk, Manatee, and Hardee Counties. Zac Stacy pleaded guilty to two counts of criminal mischief in Florida. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Florida Statute 893.13 defines single possession or delivery of marijuana under 20 grams as a first-degree misdemeanor. Find information on how to fight injunctions for protection against domestic violence at the return hearing scheduled in front of the judge. Other times, the two individuals live together, and one may be financially dependent on the other person or feel pressure to drop the charges. Penalties for possession or use include jail time up to one year, fines up to $1,000, or both. Penalties for possession or use include jail time up to one year, fines up to $1,000, or both. Because so many alleged victims want the charges to be dropped, the State Attorneys Office in Hillsborough County, FL, has developed procedures to take the alleged victims wishes into account. Put simply, victims cant get domestic violence charges dropped as they may be under pressure from the alleged abuser, and if it were possible, it could entice pressure and manipulation to become common in such cases. It is always in your best interest to consult an Orlando defense attorney experienced in resolving first-degree misdemeanor cases. Can Gun Rights Be Restored to Felons in Florida? They include any family or household member, including former family members who have left the household. WebFlorida law recognizes other felony domestic violence offenses as well. We can work aggressively to get your charges dropped or minimized, without the risk of your pressuring the alleged victim. WebFlorida Domestic Violence Charges. You may be required to hold employment, stay within city limits, stick to a curfew, and pay fines or reparations. They receive training designed to identify people trapped in the circle of violence and instead of trying to rehabilitate the offender so that he or she learns how to process the emotions that lead to acting out violently, the expedient manner of handling the case is to ask a judge to impose significant jail sentences. * Disclaimer: Each case is different, and the results in a case depend on many factors. Copyright 2022, The Umansky Law Firm Criminal Defense & Injury Attorneys | All Rights Reserved. Moreover, a judge could restrict the amount of time a person can spend with his or her child, the places he or she might visit, and even restrict where the person could live. Having Your Domestic Violence Case Expunged. By Grace White. Domestic Violence Options in the City of Tampa Learn more about domestic violence shelters and options for the victims of domestic violence. This crime carries the same consequences as other first-degree misdemeanor charges: up to a $1,000 fine, up to a year in jail, or both. A domestic violence conviction can have serious ramifications on your life. Criminal defense lawyer Matt Shafran at Weinstein Legal is an attorney who will work aggressively to prove your innocence and to protect your reputation. If you are currently facing charges criminal abuse, contact a domestic violence attorney in Floridatoday. Attorney Don Pumphrey, Jr. is a former prosecutor, former law enforcement officer, and a successful and experienced criminal defense attorney. Misdemeanor charges are written to include various factors, including loss that may have occurred, physical harm, and motivation. Victims in domestic violence cases may be afraid of their accuser and reluctant to go through court proceedings. The court determines that a state prison sentence or a jail sentence longer than the minimum sentence is necessary to meet the ends of justice. It is important that if you have been accused of domestic violence and you are unsure of the penalties that you speak to a qualified domestic violence attorney who can help you navigate this potentially life changing case. The incident was reported in Mira Mesa about 5:30 p.m.; Officer James Walker was booked into jail on suspicion of domestic-violence related charges By Lyndsay Winkley Feb. 24, 2023 10:40 AM PT In Hillsborough County, FL, the average bond for domestic violence battery $500 when the offense is entered under charge code BATT1102. If completed successfully, a judge may expunge the crime from the offenders criminal record. This can help greatly in domestic violence cases, as the courts must be able to prove beyond a reasonable doubt that you are guilty. A first-degree misdemeanor conviction can result in a year in prison, large fines, or both. If youre dealing with first-time domestic violence charges in the state of Washington, you might be wondering what the criminal process looks like. Nothing on this site should be taken as legal advice for any individual case or situation. The primary purpose of statutes of limitation is to make sure convictions occur only upon evidence that has not deteriorated with time. Shortly after being released, the suspect reportedly picked up two more charges and again got to avoid jail time. You should not rely on this information when making decisions about your case. Matthew helped us through a long process, we were stuck, held hostage by a system that truly falls short when it comes to patient rights. Other times, the victim does not wish to drop domestic violence charges and intends to continue with the court case. If youve been accused, DO NOT try to work things out on your own. 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