Domestic Violence: The Dangers of Being Found Guilty
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The most significant danger of being found guilty of domestic violence is the effect it will have on your future. Any future endeavor you undertake will be scarred by your conviction which could make it more difficult to obtain gainful employment. What are some of the other dangers of being found guilty of domestic violence that maybe you have not thought about?
Jail Time for Domestic Violence
Defendants who are found guilty of domestic violence are subject to 1 year in jail and a $1,000.00 fine. The Judge can sentence a Defendant to jail time AND probation should they choose. Judges determine the length of your sentence based on your priors, the severity of your case, the injuries to the victim, and the likelihood that you will reoffend.
Victims also have input in how much time you spend in jail. In most cases, victims are somehow related to, or in a relationship with, the Defendant at the time the crime occurs which can lead to emotional responses where the victims want to see the Defendant punished to the fullest extent of the law.
Batterers Intervention Program for Domestic Violence
Pursuant to Florida Statute, the Judge must sentence the Defendant to take and complete a course called the Batterers Intervention Program. This program is also called the Domestic Violence Intervention Program, and is often shortened to B.I.P., or D.V.I.P.
This program is a very lengthy (26 weeks) and costly class (above $600.00). Failure to complete all conditions of this class can lead to a violation of your probation and subject you to additional jail time. Missing a single class in the course of 26 weeks, which is just over 6 months, will likely case you to fail the class and violate your probation.
Restrictions on Gun Rights for Offenders
Florida law mandates that anyone who has been convicted of domestic violence loses their ability to obtain a concealed weapons permit. If you already have a concealed weapons permit at the time you are arrested, a conviction will cause the Department of Agriculture to initiate an action against you to have your concealed weapons permit revoked permanently.
Compounding/Enhanced Punishment
Battery, or domestic battery, is a charge that compounds the more times you are arrested. Florida Statute says that if you enter a plea to battery or domestic battery, even if you are not convicted, any future arrest for the same charge can be charged as a felony.
So, if you have a battery in your past and are facing a new battery charge, the State can choose to charge you for a higher crime which raises your jail time from 1 year to 5 years, and raises your potential fine from $1,000.00 to $5,000.00.
What Do I Do If I Got Arrested for Domestic Violence?
Your best option is to hire an attorney early in the case before being charged. This gives your lawyer the opportunity to contact the State and try to mitigate damages before formal charges are filed against you.
Attorney Matt Thompson works hard to gather as much information as he can during the initial meeting with a client in order to provide the State with any legal defenses, or mitigation, he may have for the State to consider before a client is formally charged with a crime.
If a client is charged with domestic battery, we try to resolve the case in a manner that avoids some of the punishments that have been listed above. This increases the success at the earliest stage of your case. If you would like to discuss an arrest for battery, domestic battery, or domestic violence, please contact Attorney Matt Thompson for a free consultation at (386) 280-4977!
Our Settlements & Verdicts
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Charges Reduced to Simple Assault Aggravated Assault with a Firearm
At the time these charges were filed, the State of Florida had a 3-year minimum mandatory for Aggravated Assault with a Firearm. Neighbors of the Client claimed that he pointed a shot gun at them and fired over their heads when they came onto his property. Police came out the following day and arrested the Client. Attorney Thompson found a CAD report where the police had investigated the crime the night of the incident and determined that there was insufficient evidence of the arrest. Attorney Thompson
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Charges Reduced, Guidelines Waived, No Probation Failure to Register as a Career Criminal
The Client was arrested out of State for a warrant for failure to register as a career criminal. This violated his probation out of Miami-Dade County, Florida. Attorney Thompson was able to track the Client’s addresses and discovered that his landlord at the time lied to his probation officer about his renting an apartment because the landlord was not zoned to allow tenants. The State agreed to a time-served sentence for the time he spent in custody being transported to Florida.
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No Charges Filed and Prevented Arrest Grand Theft
Client was caring for her special needs sister. While caring for her she received advice from bank personnel to place her sister’s Disability Checks into a bank account in the Client’s name to avoid other family members from stealing money. Once the family members discovered this they called the police to investigate the Client. Attorney Thompson put together documentation showing how the money was being spent and met with police to further explain the situation. The police determined that there was no
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All Charges Reduced Aggravated Assault with a Firearm
Client was accused of shooting a shotgun over the head of two minors. Attorney Thompson did a public records request to discover that officers reported to the scene of the crime the night of the incident and spoke to the victims on the evening the alleged crime occurred and believed the victims to be intoxicated and unreliable. Attorney Thompson conducted depositions of the officers and ultimately all charges were reduced to a misdemeanor and no incarceration.
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All Charges Dismissed Battery
The Client was working as a part time substitute teacher to help generate income to help his sick child granddaughter. While working there were children acting up and he instructed the child to stay in his seat while the others went to recess. The child claimed that the client hit him and told administration. Attorney Thompson did a public records request to obtain reports from the Department of Children and Families and noticed serious discrepancies in the child’s story. Attorney Thompson was able to p
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Penalties Reduced Grand Theft, Fleeing, Possession of a Fictitious Driver’s License
Attorney Matt Thompson, through depositions and litigation was able to show that officers did not act according to the warrant by picking up the client immediately upon sight. The charge of Fleeing or Attempting to Elude Law Enforcement, which carries a mandatory felony conviction, was dismissed by the State and the client was offered probation and no felony conviction.