Will I Go to Jail for Domestic Battery?
This is a question I get asked almost every day. Meeting with someone who has been arrested for Domestic Violence must consider whether they will go to jail for this crime. Domestic Battery is a first degree misdemeanor and is punishable by up to one year in the Volusia County Jail. Just because you can get up to a year in jail, does not mean that you will actually go to jail. However, Domestic Violence is a serious matter, and you should consider the potential punishment when you are considering whether to hire an attorney to help you.
The State Attorney’s Office takes many things into consideration when they decide whether to seek a jail sentence against someone for Domestic Battery. Things taken into consideration can include:
- Do you have prior criminal history?
- Whether you have been arrested for domestic battery before
- Whether you have been arrested for domestic battery before against the same victim
- How badly was the victim hurt?
- Were you under the influence of drugs or alcohol when the police arrived?
- What was your demeanor with the police when you got arrested?
- What is your relationship with the victim?
- Were there children present when the alleged battery occurred?
Once you are arrested for Domestic Battery and you are taken to jail, most judges in Volusia County issue a “No Contact Order” against you that prevents you from having any contact, whatsoever, with the victim. A “No Contact Order” is the same as a Restraining Order, and it lasts until the case is fully resolved. If you disobey the judge’s order and you contact the victim, even through text message, you will likely be taken back to jail.
Attorney Matt Thompson will meet with you and learn the answers to all of the questions above. Once he knows more, he will use his fifteen (15) years of criminal law experience to warn you of what may be coming down the road. Not only that, but Attorney Thompson will take the information he learns after your free consultation, and will begin to immediately put together your defense to do whatever he can to avoid you having to go to jail for your arrest for domestic battery. To schedule a free consultation with Attorney Matt Thompson, call (386) 463-4529, toll free at (877) 934-4529, or text him at (386) 337-2219. You can schedule a free consultation to begin to defend your case in his office in Daytona Beach, or DeLand.