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 case 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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Charges Reduced 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.
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All Charges Dismissed Domestic Battery
Defendant was trapped inside car where her boyfriend was acting aggressive. Defendant had to take legal action against the victim to remove him from vehicle. Attorney Thompson sent letter to State early in the case to outline defenses and mitigation and all charges were dismissed prior to filing.
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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 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.
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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
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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.