Clearwater Domestic Violence Lawyer
Domestic violence is defined as any form of violence against a household member. This doesn’t just include spouses, but also anyone who resides within the same household. The statute requires that the individual who is the victim of domestic violence either live or once lived in the same house as the defendant. One other exception includes individuals who have a child together, regardless of whether they are married or living together.
Penalties for domestic battery
Those who plead guilty to a domestic battery charge can face:
- Up to 1 year in county jail
- A minimum of 10 days in jail
- 29-week batterer’s intervention and prevention program
- 12 months probation
- Loss of rights to possess firearms
- A temporary no-contact order
- A lifetime criminal record for domestic violence
Crucially, pleading guilty to a domestic violence charge means that the charge will remain on your record for the remainder of your life. Potential employers and landlords will see this when they conduct criminal background checks. It is imperative you understand the consequences of pleading guilty to this charge before you take a plea, contact our Clearwater domestic violence lawyer.
Defenses to domestic battery
Domestic battery situations can sometimes be quite complicated. The police enter the scene, separate the two individuals and ask them what happened. Many police officers are instructed to make an arrest in these situations if there is probable cause to believe one party committed a battery. This standard is significantly lower than the standard a prosecutor needs to reach in order to prove a crime in court. Because of this, an experienced criminal defense lawyer from King Law Group may be able to get a domestic violence charge reduced or dismissed altogether.
Defenses to domestic violence include:
- Lack of injuries – While someone doesn’t need to be injured to be the victim of domestic violence, a lack of injuries can be raised as a defense to specific types of allegations.
- Consent– Florida statutes define battery as an unwanted touching, therefore consent remains a defense to all battery charges. Generally speaking, a person cannot engage in mutual combat and then claim that they were the victim of a battery.
- Self-defense – A person may act in self-defense if they have a reasonable fear of harm to themselves, their property or another person. Someone acting in self-defense may use the force necessary to stop the crime that would otherwise be committed. Someone who believes that they or their loved ones are in imminent threat of danger may act with even lethal force, so long as that force is justified.
- Stand your ground – Florida has one of the most lenient laws when it comes to using lethal force. Stand your ground defenses are making appearances in more domestic battery cases because a potential victim has no duty to retreat if they believe they are in danger.
Contact a Clearwater, FL Domestic Violence Lawyer
If you are facing domestic violence charges in Clearwater, St. Petersburg, New Port Richey, Tampa or anywhere else in the Tampa Bay area, you need to contact a lawyer immediately. The sooner we begin working on your case, the better your chances are at a successful resolution. Call King Law Group today and allow our Clearwater domestic violence lawyer to begin preparing your defense immediately.
