Domestic Violence: The Dangers of Being Found Guilty
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The most significant danger of being found guilty of domestic violence is the effect it will have on your future. Any future endeavor you undertake will be scarred by your conviction, which could make it more difficult to obtain gainful employment. What are some of the other dangers of being found guilty of domestic violence that maybe you have not thought about?
Jail Time for Domestic Violence
Defendants who are found guilty of domestic violence are subject to 1 year in jail and a $1,000.00 fine. The Judge can sentence a Defendant to jail time AND probation should they choose. Judges determine the length of your sentence based on your priors, the severity of your case, the injuries to the victim, and the likelihood that you will reoffend.
Victims also have input in how much time you spend in jail. In most cases, victims are somehow related to, or in a relationship with, the Defendant at the time the crime occurs, which can lead to emotional responses where the victims want to see the Defendant punished to the fullest extent of the law.
Batterers Intervention Program for Domestic Violence
Pursuant to Florida Statute, the Judge must sentence the Defendant to take and complete a course called the Batterers Intervention Program. This program is also called the Domestic Violence Intervention Program, and is often shortened to B.I.P., or D.V.I.P.
This program is a very lengthy (26 weeks) and costly class (above $600.00). Failure to complete all conditions of this class can lead to a violation of your probation and subject you to additional jail time. Missing a single class in the course of 26 weeks, which is just over 6 months, will likely cause you to fail the class and violate your probation.
Restrictions on Gun Rights for Offenders
Florida law mandates that anyone who has been convicted of domestic violence loses their ability to obtain a concealed weapons permit. If you already have a concealed weapons permit at the time you are arrested, a conviction will cause the Department of Agriculture to initiate an action against you to have your concealed weapons permit revoked permanently.
Compounding/Enhanced Punishment
Battery, or domestic battery, is a charge that compounds the more times you are arrested. Florida Statute says that if you enter a plea to battery or domestic battery, even if you are not convicted, any future arrest for the same charge can be charged as a felony.
So, if you have a battery in your past and are facing a new battery charge, the State can choose to charge you for a higher crime which raises your jail time from 1 year to 5 years, and raises your potential fine from $1,000.00 to $5,000.00.
What Do I Do If I Got Arrested for Domestic Violence?
Your best option is to hire an attorney early in the case before being charged. This gives your lawyer the opportunity to contact the State and try to mitigate damages before formal charges are filed against you.
Attorney Matt Thompson works hard to gather as much information as he can during the initial meeting with a client in order to provide the State with any legal defenses, or mitigation, he may have for the State to consider before a client is formally charged with a crime.
If a client is charged with domestic battery, we try to resolve the case in a manner that avoids some of the punishments that have been listed above. This increases the success at the earliest stage of your case. If you would like to discuss an arrest for battery, domestic battery, or domestic violence, please contact Attorney Matt Thompson for a free consultation at (386) 280-4977!
Client-Focused. RESULT-DRIVEN.
Working Closely with You To Build a Strong Case
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Penalties Reduced 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.
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All Charges Dismissed Robbery
Attorney Thompson met with the Client soon after his arrest. It was clear that the person who was in the vehicle with the Client was the person guilty of committing the robbery and that the Client was more of a bystander. Attorney Thompson provided information to the State Attorney’s Office to separate the Client from the co-defendant. The information provided to the State resulted in all charges against the Defendant being dismissed.
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No Charges Filed and Prevented Arrest Grand Theft
Client was caring for her special needs sister. While caring for her she received advice from bank personnel to place her sister’s Disability Checks into a bank account in the Client’s name to avoid other family members from stealing money. Once the family members discovered this they called the police to investigate the Client. Attorney Thompson put together documentation showing how the money was being spent and met with police to further explain the situation. The police determined that there was no
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All Charges Dismissed Resisting an Officer Without Violence
The Client was attending a wedding and stayed in a hotel after the reception. Someone called the police regarding a noise complaint. When the police arrived, the Client would not allow the police to enter his hotel room. The police forced entry and arrested the Client for Resisting and Officer Without Violence. Attorney Thompson provided case law to the State that shows that the police officer did not have the right to enter the hotel room and arrest the Client.
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All Charges Dismissed Racing on the Highway
Client was arrested after leaving a car show in a fast vehicle. Officers suspected the client of racing another vehicle and police officers pulled him over, drug him out of his vehicle, and arrested him for both racing on the highway and resisting an officer without violence. Upon review of the body camera video, Attorney Matt Thompson raised an excessive use of force complaint against the arresting officer. All charges against the client were dismissed.
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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.