Misdemeanor first degree florida domestic violence

Instead, contact this office by phone or in writing.

How to Drop Charges Against Someone for Domestic Violence

Office of the State Attorney Michael J. Diversion Programs. In addition to youth falling within this criteria, youth who are 12 years of age or younger can be referred to diversion for any offense and, on a case by case basis, youth who have significant mental disabilities can be referred to specialized diversion for any offense. Sexually reactive youth who are very young or involve intra-familial victimization can also be referred to specialized diversion program for treatment as it would be very difficult to prosecute these youth and the ultimate goal is to get them services to hopefully curve the problem behavior.

We have a total of 12 different diversion programs located through the county. These programs offer an array of services and interventions that range from therapies for low level offenders who are at low risk to re-offend to specialized, deeper end programs that deal with sex offenders, youth with mental health issues, deep rooted behavioral issues and families experiencing familial problems that contribute to delinquency. The cases of youth who wish to avail themselves of this opportunity have their cases held in abeyance for days. If they successfully complete the program within that time and remain arrest free, the case is nolle prosequi.

The first is for youth charged with misdemeanor, non-violent 3rd degree felony or with 2nd degree felony offenses involving the purchase of a controlled substance who are identified as having substance abuse issues or being at risk for such.

Miami Domestic Violence Lawyer

Qualifying youth must not have previously been convicted of a felony offense. The second track is designed for youth who are identified as having substance abuse problems but who do not fit the above requirements. Under both tracks juveniles are able to partake in community-based treatment programs, intensive case management services, and whatever other types of assistance they may need to avoid reliance on controlled substances all under judicial supervision.

Civil Citation - Broward County has a long history of using civil citations as an alternative to arrest but in recent times, as the result of amendments to the civil citation statute, citations are being even more widely used.

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Civil Citations can be issued in lieu of arrest to misdemeanant offenders up to 3 times. A judge must sentence a person convicted of Domestic Violence Battery to a minimum-term of one year of probation, but may also impose a sentence up to the statutory maximum of one year in jail.

What Penalties Will I Face for Domestic Battery?

In addition to the statutory penalties applicable to any First Degree Misdemeanor offense, a Domestic Battery conviction also results in the following penalties and collateral consequences:. Defending domestic violence cases are difficult, because deeper issues usually caused the altercation in the first place.

These include:. With these things in mind, the best way to approach a domestic violence case is to develop a plan that will not only result in the dismissal of the case, but also bring harmony between you and the accuser. This allows you to address underlying issues that caused the altercation and develop positive habits that will help you avoid future conflicts. I find this important because if the underlying issues are not addressed, many people find themselves right back at square one, which is something that should be avoided. Because of the increased risk of serious violence when firearms are present in a home where DV is alleged to have taken place, trial courts are permitted to require defendants to relinquish any firearms in their possession in conjunction with the issuance of a protective order.

These firearms may be returned upon the dismissal of the case or at the end of any period of incarceration or probation. Some exceptions exist for law enforcement officers and other professionals who may be required to carry a firearm as part of their job functions. A waiver of prosecution is a form that can be signed and filed by the alleged victim indicating that he or she does not want to participate in the prosecution of the DV case. A first time domestic violence conviction require the convicted to serve a minimum of 5 days in the county jail unless a much lengthier prison sentence is imposed.

Felony Battery Charges in Florida » The Law Place Criminal Attorneys

This 5-day sentence is in addition to any probation, community service, or additional incarceration the court may order pursuant to the misdemeanor and felony sentencing guidelines. This sentence is in addition to any other jail or prison sentence that may be imposed upon conviction.

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In addition to these sentencing requirements for a domestic violence crime, those convicted of misdemeanor domestic violence may face a potential prison sentence of 1 year. Anyone convicted of a repeat, second or third-degree felony domestic violence charge will serve 5 to 15 years in prison.

Capital and Life Felonies

Individuals whose deliberate actions led to the death of the victim will be charged with a capital or first degree felony, resulting in a minimum prison sentence of 30 years and a maximum sentence of life in prison. If there is irrefutable evidence that you are guilty but you have no prior criminal history and demonstrate remorse for your actions, you may qualify for a deferred prosecution program that allows you to seek counseling and other assistance in exchange for the ultimate dismissal of charges against you. In many cases, errors made during the investigation of the alleged incident may mean certain evidence is not admissible, making it harder for the prosecution to prove that you knowingly or purposely committed harm toward a family member.

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It will be on your criminal record permanently. Call me today before you go to court alone so that I can fight for you and keep you eligible to expunge your arrest!

The public and future employers will know about your domestic violence arrest. In order to expunge a domestic violence arrest, charges must be dropped against you.


Domestic Violence: Definition and Penalties

It is very important to have an experienced domestic violence lawyer that will fight these charges aggressively trying to get them dismissed to protect your reputation and criminal record. If the court orders that as a condition of your bond you are not allowed to have contact with the alleged victim, I can file a bond motion requesting the court to remove or modify that condition of the bond.

If you are ordered to not have contact and violate that condition of your bond, you can have your bond revoked and be held in custody jail until your case is resolved. Do not end up back in jail call now for more information about filing a Bond Motion on your behalf. Even if the alleged victim signs a Waiver of Prosecution, the State Attorney prosecutor may still file charges against you and prosecute you for domestic assault.

Many times I can prevent criminal charges from being filed against you. Often, in Polk and Hillsborough County, Florida cases, the prosecutor requires the alleged victim to take a special class for victims of domestic abuse.