Defense Attorneys Protecting Your Freedom And Reputation Against Domestic Violence Charges
Getting charged with domestic violence battery in Florida is serious business. Not only are the fines and jail time significant – a conviction for domestic violence also carries a stigma that can affect your reputation and your ability to find employment. When the stakes are this high, you need the help of an experienced defense attorney. In the Fort Myers and Naples areas, as well as throughout Lee and Collier counties, you can find the help you need at Foley & Wilson Law Firm. Attorney Robert Foley is a retired FBI Special Agent and former state prosecutor with 28 years of experience. Attorney Desiree Wilson has 15 years of experience, including formerly serving as a federal prosecutor and appellate attorney. We understand how the government attempts to secure convictions, and we will put this knowledge to work defending your freedom.
How Domestic Violence Differs From Similar Violent Offenses
Domestic violence is a distinct form or violent crime based on the relationship between the alleged victim(s) and the alleged perpetrator. Florida Statutes Section 741.28 defines “domestic violence” as an assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment or any other criminal offense that results in physical injury or death of a family or household member of the person who committed the offense. “Family or household members” can be spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family, persons who have resided together in the past as if a family and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, family or household members must be currently residing together or have resided together in the past in the same single dwelling unit.
Domestic violence battery is a first-degree misdemeanor in Florida, and penalties can include up to one year in jail or one year of probation as well as a $1,000 fine. A sentence for domestic violence battery will also require the completion of a Batterers Intervention Program, the loss of concealed carry privileges and, if there is an injury involved, a minimum of five days in jail. The sentence may include a no-contact order.
We Can Explain Your Full List Of Legal Options
Even before the point of conviction and sentencing, after a domestic violence battery arrest, a court is likely to order you to stay away from the location of the offense – which may be your home – and to avoid any contact with the alleged victim.
If the alleged victim does not wish to pursue charges, the parties can seek to immediately modify any no-contact orders imposed by the court. This is accomplished by filing a Motion to Modify Conditions of Release and Vacate the Stay Away Order. Doing so allows the parties to resume living together and having contact. It also shows the state that they may not have a participatory victim.
If the case goes to trial, there are a number of potential defenses available. Self-defense, a conflict in the facts, evidentiary irregularities and mutual combat are some of the more common defenses. However, a trial is not always necessary in a domestic violence battery case. Pretrial diversion may be an option – particularly for first-time offenders who wish to accept responsibility and seek counseling. Ultimately, pretrial diversion often results in the charge being dismissed.
We Are Ready To Help – Reach Out Today
If you are facing domestic violence charges, the sooner you retain the services of a Florida criminal defense attorney, the better your chances of achieving positive results. At the Foley & Wilson Law Firm, we have substantial experience in litigating domestic violence cases on behalf of clients in Lee and Collier counties. Contact us online or call 239-690-6080, and we will give you a free confidential consultation on your case.