What may be a private fight between two family members can turn in to a criminal matter once the police get involved. If you find yourself in this situation, you may be facing penalties related to domestic violence charges and should consult our seasoned domestic violence attorneys at Leifert & Leifert immediately.
You may have to deal with criminal proceedings, injunctions, and rulings made by the Court that directly impact your familial relationships. However, you do not have to face these consequences alone. An experienced attorney could explain the Delray Beach domestic violence penalties and how you can handle, mitigate, or avoid these results.
Types of Domestic Violence
If you were accused of committing one of the following acts against a spouse, parent of a common child, roommate, or another family member you may face a domestic violence charge.
- Any assault or battery
- Sexual assault or battery
- False imprisonment
- Stalking
- Kidnapping
The lawyers at Leifert & Leifert in Delray Beach could determine the penalties you may face based on your domestic violence charge.
Domestic Battery
If you allegedly hurt or offensively touch a family member, the Law considers this battery. The domestic violence penalties in Delray Beach for this offense is a first-degree Misdemeanor, which may include up to one year in jail and $1,000 in fines.
Domestic Violence By Strangulation
If you have been accused of choking or suffocating a family or household member, you may face a third-degree Felony charge, as noted in Florida Statute §784.041. The severity of this offense may result in five years in prison up to $5,000 in fines.
Minimum Term of Imprisonment for Domestic Violence Charges
If the Court finds you guilty of domestic violence, you may face a minimum sentence of ten days in jail, as described in Florida Statute §741.283. This law also establishes that a second offense of domestic violence could result in 15 days in jail. If you are facing a third offense, the domestic violence penalty in Delray Beach is 20 days in jail. Additionally, if you allegedly committed this violent act in the presence of a minor, the Law increases the mandatory minimum jail sentence.
Violation of Injunctions Against Domestic Violence
In some domestic violence cases, the Court may issue an injunction in regards to some act or expected act of domestic violence, and the respondent must obey. There can be strict conditions of such protective orders. For instance, if the Court issues a protective order against you and you go to your home to retrieve personal items, that could result in a violation of Florida Statute §741.31. This offense may result in a first-degree Misdemeanor, which could send you to jail for one year and force you to pay a $1,000 fine.
Non-Criminal Domestic Violence Consequences
Delray Beach domestic violence consequences can reach beyond legal penalties. On top of jail sentences and hefty penalties, if you are facing domestic violence charges, other consequences may include:
- One year of probation
- Loss of gun ownership privileges
- Batterers’ intervention program
- Community service
- An inability to seal or expunge your criminal record
- Loss of your custody or visitation rights
- Adverse effect on your potential divorce and division of marital assets
Contact an Attorney to Learn More About Delray Beach Domestic Violence Penalties
You may not be aware of how a domestic violence charge could affect your life. There are many hidden consequences which may not appear until long after a conviction. If you are facing domestic violence charges, you should understand the full extent of the penalties that could come about upon receiving a guilty verdict. One of our attorneys at Leifert & Leifert could explain the Delray Beach domestic violence penalties you may be facing in addition to helping you build a defense. To get started on your case, contact our office.
