Domestic Violence

Daytona Beach Domestic Violence Lawyer

Defending Clients Charged With Domestic Violence Throughout Central Florida

At Thompson Law, P.A., we understand the complex and sensitive nature of domestic violence cases in Daytona Beach, Florida. Our dedicated team of experienced attorneys is committed to providing compassionate and zealous representation for individuals facing domestic violence allegations or being victims of domestic abuse. With our extensive knowledge of Florida's legal system and our unwavering commitment to protecting our client's rights, we strive to achieve favorable outcomes and ensure the safety and well-being of those involved. If you are in need of a trusted Daytona Beach domestic violence lawyer, you can rely on Thompson Law, P.A. to provide you with the skilled legal guidance and advocacy you deserve.

Are you facing domestic violence charges in Florida? Call Thompson Law, P.A. today at (386) 280-4977 or contact us online to schedule a meeting with our domestic violence attorney in Daytona Beach!

What are Florida's Domestic Violence Definitions?

In the state of Florida, domestic violence is defined as any criminal offense resulting in the physical injury or death of one family or household member by another family or household member. The term "family or household member" includes spouses, former spouses, individuals who are related by blood or marriage, individuals who are residing or have resided together as a family, and individuals who have a child in common, regardless of whether they have been married or have lived together. The definition also encompasses individuals who are or were in a dating relationship and have had a continuing and significant relationship of a romantic or intimate nature. It is important to note that Florida's domestic violence laws cover many offenses, including assault, battery, sexual assault, stalking, and more. If you are facing domestic violence charges or are a victim seeking legal assistance, it is crucial to consult with an experienced attorney who specializes in domestic violence cases.

What are the Penalties for Domestic Violence in Florida?

Penalties for domestic violence in Florida can vary depending on the case's specific circumstances and the offense's severity. The penalties for domestic violence offenses may include the following:
Misdemeanor Domestic Violence:

First-degree misdemeanor: Up to 1 year in jail and/or a fine of up to $1,000.
Second-degree misdemeanor: Up to 60 days in jail and/or a fine of up to $500.

Felony Domestic Violence:

Third-degree felony: Up to 5 years in prison and/or a fine of up to $5,000.
Second-degree felony: Up to 15 years in prison and/or a fine of up to $10,000.
First-degree felony: Up to 30 years in prison and/or a fine of up to $10,000.

Apart from the criminal penalties, individuals convicted of domestic violence offenses may also face other consequences, such as mandatory completion of a batterer's intervention program, probation, restraining orders, loss of child custody or visitation rights, and damage to their personal and professional reputation.

Additionally, certain factors can enhance the penalties for domestic violence offenses. For example, if the offender has previous convictions for domestic violence or if the offense involves serious bodily injury or the use of a deadly weapon, the penalties can be more severe.

It is important to remember that the laws and penalties surrounding domestic violence can be complex and can change over time. Therefore, if you or someone you know is facing domestic violence charges in Florida, it is crucial to seek the guidance of an experienced attorney who can provide personalized legal advice based on the case's specific details.

Can the Victim Drop Domestic Violence Charges?

In Florida, the decision to drop domestic violence charges rests with the prosecuting attorney, not the victim. Once charges have been filed, it is ultimately up to the prosecutor to determine whether or not to proceed with the case. This is because domestic violence is considered a crime against the state rather than just an offense against the victim alone.

In many instances, the victim's cooperation and willingness to testify can influence the prosecutor's decision. However, the final decision to drop or proceed with the charges lies with the prosecutor, who will consider various factors, including the alleged offense's severity, the evidence's presence, and the overall impact on public safety.

It's important to note that even if the victim desires to drop the charges, the prosecutor may still decide to proceed with the case if other evidence or witness testimony is available. The rationale behind this approach is to protect victims who may be coerced or intimidated into recanting their statements.

Defenses to Domestic Violence Charges in Florida

When facing domestic violence charges in Florida, it is essential to mount a strong defense to protect your rights and present your case effectively.
Here are some potential defenses to domestic violence charges:

Self-defense: It may be a valid defense if you can demonstrate that you acted in self-defense or in defense of others. You need to show that you reasonably believed there was an imminent threat of harm or danger to yourself or others and that your actions were necessary to protect against that threat.
Lack of intent: To establish a domestic violence offense, the prosecution must demonstrate that you intentionally committed the act. If you can show that the incident was accidental or unintentional, it may weaken the prosecution's case against you.
False allegations: In some cases, false accusations of domestic violence may be made for various reasons, such as personal vendettas, disputes, or attempts to gain an advantage in divorce or child custody proceedings. If you can present evidence or witnesses to support the claim that the allegations are false, it may help your defense.
Insufficient evidence: Challenging the prosecution's evidence can be a defense strategy. If the prosecution fails to provide enough evidence to prove the elements of the domestic violence offense beyond a reasonable doubt, it may weaken their case.
Lack of credibility: If you can establish that the alleged victim lacks credibility or has a history of making false accusations, it can cast doubt on their testimony and weaken the prosecution's case.
Constitutional violations: If your constitutional rights were violated during the arrest, investigation, or gathering of evidence, it may be possible to challenge the admissibility of evidence or seek the dismissal of charges.

Protecting Your Rights in Domestic Violence Cases

Domestic violence cases can be complex and emotionally charged, and it's crucial to have a knowledgeable and experienced attorney on your side to protect your rights. Our Daytona Beach domestic violence lawyer is dedicated to providing aggressive representation for clients facing domestic violence charges throughout Central Florida.

When you work with us, you can expect:

Thorough investigation and analysis of the evidence against you
Prompt and effective communication about your case
Strategic defense planning tailored to your unique situation
Compassionate support and guidance throughout the legal process

Don't face domestic violence charges alone. Contact our Daytona Beach domestic violence attorney today to schedule a consultation and learn how we can help defend your rights.

Contact Our Daytona Beach Domestic Violence Attorney Today

Being arrested for Domestic Violence can affect your career, your ability to be involved in your community, and your rights. Matt Thompson has dealt with hundreds of domestic violence cases as a former prosecutor. In addition, he brings his knowledge and trial experience as a State Attorney to your defense. Attorney Matt Thompson proactively defends these cases, works hard to ensure your rights are protected, and takes the measures necessary to amend the conditions imposed on you for pretrial services to help you regain your life.

Contact Thompson Law, P.A. online or call (386) 280-4977 today to schedule a FREE consultation with our domestic violence lawyer in Daytona Beach!

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View Recent Results

Charges Reduced Domestic Battery
Attorney Thompson provided a letter outlining defenses in case. State reviewed letter and spoke to the witnesses and offered to reduce the charges to a non-violent disorderly conduct with no jail and no probation.
All Charges Dismissed Aggravated Battery on and Elderly Person
The Defendant and his wife allowed the wife’s elderly mother to come to their home and remove her personal items. During this time the mother began to yell obscenities and attacked E.B. Both parties tried to remove the mother from the home and prevent further physical violence. The mother contacted police and stated that she had been attacked. Attorney Thompson contacted the State Attorney’s Office and met with opposing counsel before charges were filed.
All Charges Dismissed Child Abuse Battery
The Client was entangled in a contentious divorce where her ex-husband used the criminal legal system to try to gain leverage against the Client in the family law courts. Attorney Thompson was able to provide documentation, witness statements, and a certificate of completion of a parenting class to get all charges dismissed against the client.
No Criminal Charges Filed Public Assistance Fraud
Attorney Thompson and Client reviewed case and met with Department of Revenue investigators to explain the discrepancy. In doing so, the State determined that they would not seek criminal charges, but offered a repayment plan through non-judicial means.
Deferred Prosecution Agreement Loitering and Prowling
Client became disoriented due to a medical condition and entered a car that did not belong to him, but looked just like his car. Attorney Thompson provided mitigation to the State concerning the Defendant’s medical issues and ensured the client would be offered a Deferred Prosecution Agreement by the State wherein all charges would be dismissed upon completion.
Charges Reduced to Simple Assault Aggravated Assault with a Firearm
At the time these charges were filed, the State of Florida had a 3-year minimum mandatory for Aggravated Assault with a Firearm. Neighbors of the Client claimed that he pointed a shot gun at them and fired over their heads when they came onto his property. Police came out the following day and arrested the Client. Attorney Thompson found a CAD report where the police had investigated the crime the night of the incident and determined that there was insufficient evidence of the arrest. Attorney Thompson