Florida Battery & Domestic Violence Defense Attorney
Domestic Violence & Domestic Battery
Several years ago, the State of Florida placed a priority on arrests and prosecutions for domestic battery. The reason for this is obvious. Deaths have occurred and serious injuries have occurred in domestic violence situations.
As a former prosecutor and defense attorney, Larry Sandefer has handled hundreds of domestic violence charges, and represented people in various types of domestic charges from simple domestic battery, battery on the elderly, elderly abuse, aggravated battery, to homicide and murder.
When the police are called to a domestic dispute, they are often directed to make an arrest in order to defuse the situation. Similarly, the State Attorney has a directive to vigorously prosecute domestic battery.
Factually, it is not always clear who the at-fault party is in a domestic situation. Quite often the first person to make a phone call to the police is the one who is classified as a victim. Sometimes, the actual victim may be the person arrested. Also, there are often mitigating factors which can be considered in domestic situations. Experienced representation by a domestic violence defense lawyer in this area is extremely important.
The Florida Domestic Violence Law,
What is ‘Domestic’ Battery
Florida Statute 741.28 defines domestic violence as any assault, battery, sexual assault, sexual battery, stalking, aggravating stalking, kidnaping, false imprisonment or any criminal offense resulting in physical injury or death of a family or household member by another who is or has resided in the same dwelling unit.
Family or household members can include spouses, and even former spouses, as well as adults related by blood or marriage. Persons who are living together may also qualify as domestic.
Battery is defined as actually and intentionally touching her striking another person against their will or intentionally causing bodily harm to another person. A battery can be a felony if there is a serious injury or a previous simple battery conviction
A domestic battery can also be a felony if it is alleged that the person committed domestic violence by strangulation.
Quite often charges of false imprisonment were tampering with a witness a company a charge of domestic battery. Often there is an allegation that someone is held in a location against their will or that a person has taken their means of communication, such as a telephone, away from them, thus tampering with their ability to contact the authorities.
A domestic violence injunction is something that is sought in civil court and is not by itself a criminal charge. However, if someone has an injunction against them and violates it, this can become a criminal charge of violation of an injunction, and a person can be jailed for this. If a person is served with a domestic violence injunction, they have a right to defend that before a judge. Notice will be sent. You should seek the assistance and advice of an experienced domestic violence defense attorney or Stalking defense attorney. Whatever occurs at an injunction hearing may be used in the prosecution of a criminal charge.
Domestic Violence Arrests-‘No Bond’ Situations and No Contact Orders
Special laws apply to arrests for domestic violence. After an arrest, a person will normally appear at an advisory hearing before a judge. Most domestic violence charges require a period of time a person must stay in jail before a person may be released or given a bond. Once you have met that minimum time period and you are given a bond, normally there also will be issued a “no contact” order. This order will include no contact of any type with the alleged victim. This would include contact through other persons, by telephone, directly or indirectly. Violation of this order could result in the bond being revoked and potential additional charges of violation of a pretrial release and, in certain instances, stalking or aggravated stalking. We can file a motion to lift the no contact order but you should not have contact if you have a no contact order, even if the other person wants it or initiates it. They are not under the same order, even if it is consensual, contact violates the order and can result in immediate jail even if initiated by the other person. You should consult with a domestic violence defense attorney about all issues when you have been charged or accused of domestic violence or domestic battery. We can discuss that and options available to you.
Filing of Charges by the State Attorney’s Office
An arrest itself does not automatically mean a charge will be filed by the State Attorney’s Office. However, the State Attorney’s Offices are aggressive in their prosecution of domestic violence. As a result, it is important for an experienced Pinellas County Domestic Violence Attorney, or and experienced Pasco County Domestic Violence Attorney to contact the State Attorney at the earliest opportunity regarding any defenses and mitigation regarding the arrest. Also, if contact is requested by both parties, that will need to be addressed before a Judge. It is important to see a domestic violence attorney early. Larry Sandefer will address with you mitigation matters and other evidence which may need to be obtained or preserved, such as photographs, telephone calls, and the names of potential witnesses.
The state attorney’s office Sixth Judicial Circuit covers both Pinellas and Pasco counties. Larry Sandefer is a former prosecutor in the Sixth Judicial Circuit having handled domestic violence and domestic battery cases both as a prosecutor and defense attorney in both counties. In fact Mr. Sandefer was a Division Director at the state attorney’s office overseeing and training attorneys.
Early intervention by a domestic violence defense attorney can be critical in domestic battery cases. Often, we are able to reestablish the ability to have contact with the other person if that is something which is desired and beneficial in the case. Often, the incident was a misunderstanding and the alleged that Tim may want to testify in our clients behalf and may wish to go to the state attorney’s office in the clients behalf. We will assist you in doing these things in the proper manner and to optimize the chance of success.
By meeting with the state attorney early, often more serious charges can be avoided or alternatives to charging can be addressed. Attacking a case early can save thousands of dollars in court costs, fines, counseling, or trial. Meeting with an experienced domestic violence attorney early and allowing us to investigate the case will give us the best opportunity at dismissal or avoidance of the charges or a conviction.
Domestic Violence Intervention, Is That an Option for You?
Should a charge of domestic battery or another domestic charge be filed against you, you may be eligible for a domestic violence intervention diversion program. This is available for first time offenders and requires you to complete certain conditions over a period of time, which is usually six months to one year. If you complete the conditions required you may be eligible to obtain a dismissal of the charge without proceeding through a jury trial. This may or may not be an option for you. You should speak freely and confidentially to someone from our firm so that we can discuss all defenses in the facts of your individual situation.
Also, Sandefer Law Firm can negotiate with the prosecutor regarding a disposition on your charge or a reduction in an effort to obtain the best disposition in respect to your case. If your case is not reduced or dismissed your best option may be a trial before a jury. These are matters which should be discussed at length if you’re experienced domestic violence attorney.
It may be possible to avoid a formal conviction even if a charge is filed. Other considerations which need to be addressed in a domestic violence charge involve matters such as possession of a firearm, employment matters, and whether the charge may be able to be later sealed.
CONTACT FLORIDA DOMESTIC VIOLENCE LAWYER
Every domestic violence charge and case is unique. You should not rely on the advice of family members or friends, their situation and the facts involved may be different. You should speak with a Pinellas County or Pasco County domestic violence criminal defense lawyer. The initial consultation with Sandefer Law Firm is free. Please review the qualifications and experience of this website. When selecting the proper attorney, you should compare experience and qualifications and ask friends and persons in the legal community. Mr. Sandefer is represented people in all walks of life as well as persons involved in the court system and in law enforcement. His reputation and experience are well known.
When you are looking for the best domestic violence attorney for you please consider our background and experience. Our motto is: When Experience Counts, Count on Experience. We will be with you every step of the way.
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Contact Florida Domestic Violence Lawyers
Larry Sandefer – Criminal Defense Attorney & DUI Defense Attorney
- Over 30 Years Courtroom Experience
- Former Lead Trial Lawyer & Division Director
- Over 5000 Criminal Cases Handled
- Hundreds of Jury Trials as sole or lead counsel
- FREE Consultation with Larry Sandefer – Please feel free to contact us with a description of your needs, all initial consultations are free.