Daytona Beach Domestic Violence Lawyer
Fighting for Clients In Deland, Daytona Beach and Throughout Central Florida
What is Domestic Battery?
Domestic Battery is defined in Florida Statutes 741.28 and 784.03. Domestic Battery cases are treated with more caution by the State, and often there are special prosecutors assigned to handle Domestic Violence cases.
In Volusia County specifically, Domestic Violence cases are handled on a specific court date so that the victim’s advocates can be present in court and help the prosecutor. A common misnomer is that the victim of a domestic violence charge can “drop charges.” This is not true. Only the State can dismiss charges against you. In some instances, the State can proceed against a Defendant even if the victim does not want to see the Defendant prosecuted.
If you are arrested for domestic violence, you will likely be released to the supervision of pretrial services. While on pretrial services, you must check in with a pretrial services officer weekly. The court will require you to forfeit any firearms, ammunition, and deadly weapons you may have access to. Additionally, the court will restrict you from having any contact with the alleged victim. Any violation of the terms of pretrial services may result in a warrant being issued and the court holding you in custody throughout the remainder of your case.
Have you been charged with a crime in Central Florida? With law offices conveniently located in DeLand and Daytona Beach, our criminal defense team can defend you against your criminal charges.
Domestic Violence is defined as:
- The Defendant intentionally touched or struck the alleged victim against the victim’s will
- The Defendant caused bodily harm to the victim
- The Defendant and the victim is a family or household member
A “family or household member” means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.
One of the biggest issues Thompson Law faces when handling domestic violence cases is dealing with the effects the arrest has on the family as a whole. Regardless of the circumstances behind the arrest, one individual is usually temporarily left without a home, or does not have the ability to speak to their spouse, and in turn, may not be able to speak to their minor children.
A charge of Domestic Violence also carries with it numerous other risk factors. People convicted of Domestic Violence may not legally possess a firearm and face jail time. Suppose you are facing a charge of domestic violence. In that case, the State of FL will likely seek you to enter a costly and intensive treatment class called the Domestic Violence Intervention program or another similar program if the County you are being prosecuted in does not offer that class. This class can be up to twenty-six (26) weeks long and require lengthy homework assignments.
In addition, most Domestic Violence arrests are a result from alcohol or drug abuse, or at least they often times play a factor. If that is the case, the court can restrict you from consuming any alcohol, and will require that pretrial services test you for the consumption of any drugs or illegal narcotics.
Hiring an experienced criminal defense attorney in Daytona Beach is a good choice in this situation.
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.
Client was texting a friend when her significant other tried to grab for her phone. When the client tried to pull away, the victim claimed that he was battered and the client was arrested and brought before DCF due a child being in the house. Attorney Matt Thompson wrote a letter to the State explaining the discrepancy in evidence and claimed that the client was in fact moving away from the victim and did not intentionally try to hit the victim. All charges against the client were dismissed.
Sale and Possession of Heroin
Defendant entered a treatment facility while case was pending. Attorney Thompson provided progress reports of all of her progress during her stay to show improvement. State agreed to amend all charges to simple possession and the Defendant was sentenced into Drug Court.
Aggravated Assault with a Firearm
Client was accused of shooting a shotgun over the head of two minors. Attorney Thompson did a public records request to discover that officers reported to the scene of the crime the night of the incident and spoke to the victims on the evening the alleged crime occurred and believed the victims to be intoxicated and unreliable. Attorney Thompson conducted depositions of the officers and ultimately all charges were reduced to a misdemeanor and no incarceration.
Grand Theft, Fleeing, Possession of a Fictitious Driver’s License
Attorney Matt Thompson, through depositions and litigation was able to show that officers did not act according to the warrant by picking up the client immediately upon sight. The charge of Fleeing or Attempting to Elude Law Enforcement, which carries a mandatory felony conviction, was dismissed by the State and the client was offered probation and no felony conviction.
Sexual Battery & Domestic Battery
Mr. Thompson took depositions of the victim showing that the victim was not truthful with police when she provided her statement as to what happened. Confronted victim with social media posts, bank records, and telephone records to show that she was not in the places that she stated she was during the time the alleged crime took place. Case 1 was dismissed and the Defendant pled to Case 2 and received two (2) years of prison and credit for fifteen (15) months in prison.
Over 15 Years of ExperienceThere's no substitute for experience. When faced with a serious crime, you need an attorney who has successfully handled numerous cases like yours.
Aggressive Trial AttorneyMatt Thompson is a skilled trial attorney and has achieved many positive jury verdicts. If your case goes to trial, you can be confident that Matt is equipped to represent you.
High-Quality Legal RepresentationAt Thompson Law, P.A., every client matters. This means that your case will receive the personal attention and care it deserves.
Criminal Defense Is All We DoBecause our firm only focuses on criminal defense matters, you can trust our team has the specific knowledge needed to handle you case successfully.