A conviction for a crime of domestic violence can have many negative implications for your life. You may lose your freedom and be subject to strict terms of probation for lengthy periods.
Building a well-organized defense can be critical to success in your criminal case. To avoid or minimize the impact of these charges on your life, enlisting the help of one of our professional criminal defense Attorneys at Leifert & Leifert could improve your chances of obtaining a favorable verdict.
Defining Domestic Violence in Loxahatchee
Domestic violence is not a separate offense under state law. Instead, it refers to specific crimes that involve family or household members. Fla. Stat. § 741.28 provides that the following crimes may qualify as domestic violence offenses:
- Assault and battery
- Kidnapping and false imprisonment
- Any other crime that might result in physical injury or death
This section also defines family or household members as current and former spouses, people who currently live or formerly lived together as a family, and people who share a child. Relatives by blood or marriage also fall within this definition, but only if they currently live or formerly lived together as a family. As domestic violence offenses can result in increased penalties for individuals, anyone facing these charges may wish to contact a domestic violence Lawyer in Loxahatchee for help.
Potential Penalties for Domestic Violence Offenses
When crimes qualify as domestic violence offenses, individuals may be subject to additional sanctions. For instance, under Fla. Stat. § 741.283, individuals who intentionally cause physical harm to others while committing a domestic violence crime must serve at least ten days in jail. Likewise, for a second offense, the mandatory minimum term of incarceration increases to 15 days, and for a third or subsequent offense, 20 days, unless the individuals are receiving a prison term that is not suspended.
Furthermore, if a domestic violence offense occurs in the presence of a family or household member who is under the age of 16, the accused persons may face enhanced penalties. More specifically, this enhancement results in a mandatory minimum jail term of 15 days for a first offense, 20 days for a second offense, and 30 days for a third or subsequent offense. The only exceptions are if the individuals receive a non-suspended prison sentence.
Furthermore, Fla. Stat. § 741.281 requires courts to order minimum sentences for individuals convicted of domestic violence offenses that include:
- One year of probation
- Required participation in a batterer intervention program as a condition of probation
However, judges can deviate from this minimum sentence if they find it appropriate or if the individuals do not qualify for the batterer intervention program. These minimum sentences do not preclude judges from imposing any available remedies under state law.
Injunctions for Protection Against Domestic Violence
One common collateral consequence of a domestic violence offense is the implementation of an injunction for protection against domestic violence under Fla. Stat. § 741.30. Any individuals who have reasonable cause to believe that they are at risk of domestic violence or who have experienced domestic violence can file for this type of injunction.
Individuals who violate injunctions for protection against domestic violence commit a separate criminal act under Fla. Stat. § 741.31. This offense is a first-degree misdemeanor under Florida law, which can result in up to one year in jail and a $1,000 fine.
Being subject to this type of injunction also prohibits these individuals from possessing firearms. Those who own guns in violation of this section also commit a first-degree misdemeanor. A domestic violence Attorney in Loxahatchee may be able to defend the rights of those accused of violating injunctions for protection against domestic violence.
Call a Loxahatchee Domestic Violence Attorney Today
A domestic violence charge can lead to various unfavorable circumstances, including jail time and high fines. Collateral repercussions of a domestic violence conviction can include job loss, inability to possess firearms, and challenges in finding housing. A Loxahatchee domestic violence Lawyer may be able to shield you from some or all these consequences effectively.
With the help of one of our talented Attorneys at Leifert & Leifert, you can work toward a sound defense strategy in your case. Do not leave the outcome of your case to chance. Take affirmative steps to resolve your situation today by getting the legal advice that you need.