There is a common misconception that the alleged victim can drop the charges. That is not the case! The victim is a witness in the case, only the state attorney can make the decision to drop the case.
5 things to remember about Domestic Battery charge:
- Permanent Criminal Record
- Mandatory Jail Time if there were injuries
- For non-citizens this can be treated as a Deportable Offense
- Cannot seal criminal record
- Mandatory Counseling
What you must know about Domestic Battery charge:
- What is Domestic Battery?
- What are the penalties for Domestic Battery in Florida?
- What are the defenses to Domestic Battery?
What is Domestic Battery?
Domestic Battery usually involves a fight between a husband and a wife, but domestic violence has a specific definition and is related to a range of criminal charges between family members or people who have children together.
What are the penalties for Domestic Violence Battery?
In addition to the statutory penalties that apply to any criminal offense, Domestic Violence charges can also carry enhanced penalties:
- Minimum Mandatory (5) days in Jail
- Mandatory 26-29 weeks long Batterers Intervention Program
- Cannot seal or expunge your criminal record
- Forfeit your right to have a gun while on probation, even for a misdemeanor, and
- Your concealed weapons permit will be revoked.
Immediate Consequences of Domestic Violence
When a person is arrested for domestic violence in Duval, Clay or St. Johns counties, he or she will be:
- Jailed without bond until he or she meets with a judge (i.e. first appearance). This will take place within 24 hours.
- At the first appearance, the judge will determine the conditions of release.
- Conditions of release usually are as follows:
- Cannot return back to the house if the alleged victim also resides there. Please understand it does not matter who owns the house or whose name is on the lease.
- No contact with the victim. This means no texting, calling, emailing or person to person contact.
- The defendant cannot have any weapons or firearms. If the person does own firearms, law enforcement will take them.
Contact Criminal Defense Lawyer Kate Mesic
If you have been arrested or charged with the crime of Domestic Violence Battery in Northeast Florida or Jacksonville, Duval, Clay or St. Johns counties please contact Criminal Defense Attorney Kate Mesic today.
The initial consultation is free and I am always available to advise you of the proper course of action that can be taken.