Pursuant to the Florida Statutes for 2016, domestic violence is defined as follows: 741.28 Domestic violence; definitions.—As used in ss. 741.28–741.31: (1) “Department” means the Florida Department of Law Enforcement. (2) “Domestic violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical … More HOW IS DOMESTIC VIOLENCE DEFINED IN FLORIDA?
There are legal consequences and there are consequences that affect the personal, professional, and financial aspects of someone’s present circumstances and future. Such consequences include those named above, and the following (although not limited to either list): jail prison mandatory counseling heavy monetary fines and fees mandatory periods of probation and constant monitoring for a certain … More WHAT ARE THE CONSEQUENCES OF A DOMESTIC VIOLENCE ARREST AND CONVICTION?
Domestic violence charges negatively impact your reputation more than some charges, regardless if charged as a misdemeanor or felony. A domestic violence conviction can ruin your hopes and dreams. Here are just a few examples: Some employers, especially public or state employers, can terminate you or reject your application professional licenses may no longer be … More SHOULD I BE AFRAID I’M GOING TO LOSE EVERYTHING?
While it depends on the circumstances and every case has different facts, here are some examples of defenses: accidental injuries: no harm was ever intended self-defense: you were not the one to initiate or instigate a physical confrontation and you were attacked or threatened first self-inflicted injuries: the alleged victim harmed himself/herself and is falsely blaming … More WHAT DEFENSES ARE AVAILABLE TO ME TO FIGHT THE CHARGES?
While no guarantees can ever be made about the outcome of a case, it is crucial to talk to an experienced criminal defense attorney who specializes in domestic violence defense to have the facts and circumstances of your case reviewed and evaluated.
You have the right to know about, see, and review all evidence the State of Florida has regarding your case, even if they aren’t planning to use it, and even if it proves you are not guilty.
It depends on the charge and what the State of Florida has to prove according to the jury instructions, but generally, some types of evidence that may be used are: 911 audio recording police testimony based on their recollection from their reports body camera footage eyewitness testimony alleged victim testimony photographs medical reports about injuries … More WHAT EVIDENCE CAN BE USED TO PROVE A DOMESTIC VIOLENCE CRIME?
An alleged victim who has expressed a desire not to go forward as a witness in the case can sign a waiver of prosecution. A waiver of prosecution doesn’t guarantee the case against you will be dropped, but it demonstrates to the State Attorney’s Office that they may have a witness problem if the case proceeds … More WHAT IS A WAIVER OF PROSECUTION AND HOW MUCH WEIGHT DOES IT HAVE?
No. The State of Florida is responsible for charging someone with a crime, including a victim related crime. Even if the alleged victim expresses a desire not to move forward as a witness in the case, the State of Florida may still be able to prosecute someone depending on the facts, evidence, and law.
The policies of law enforcement agencies differ, but generally, police are trained to take domestic violence calls seriously and with precaution so officers may arrive to the location of an incident with heightened suspicions and concerns for the safety of themselves and those involved on scene. They will usually separate the parties, ask who was involved, … More WHAT WILL POLICE DO ONCE DISPATCHED BY 911?