Aggravated battery (Fla. Sta. § 784.045) is characterized by great bodily harm. In order to convict a domestic violence defendant of aggravated battery, the prosecution must demonstrate that the defendant knowingly caused the injury, permanent, or permanent disability. This is a second degree felony punishable by a $10,000 fine and 15 years in prison. Additional aggravating circumstances are:

• The use of a weapon
• Battery committed against a pregnant woman
  
  

False Imprisonment (Fla Sta. § 787.02)

False imprisonment is closely related to domestic violence, and refers to the following offenses:

(1)(a) The term “false imprisonment” means forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will.

(b) Confinement of a child under the age of 13 is against her or his will within the meaning of this section if such confinement is without the consent of her or his parent or legal guardian.

In Florida, false imprisonment is a third degree felony, punishable by a $5,000 fine and five years in prison. If the victim is less than 13 years old and suffers physical pain or mental trauma, the offense is a first degree felony. First degree felonies are punishable by up to 30 years in prison. 

“Dating Violence” Assault & Battery (Fla. Stat. § 784.046)

Florida law acknowledges a “dating violence,” a specific form of domestic violence described in Florida Statute § 784.046(1)(d). By law, dating violence refers to violence between partners in a continued relationship. Qualifications for a legal “dating relationship” include: 

• The relationship must be intimate or romantic in nature
• The relationship must currently exist or have existed in the last six months
• The relationship must involve affection or a sexual relationship
• Interaction between the partners must be / have been on a continuing basis

Victims of alleged domestic violence can file injunctions (restraining orders.) With the help of an attorney, you can fight the injunction and maintain your rights. However, violating the terms of the injunction is a misdemeanor crime.

The Legal Process for Domestic Violence Charges

Domestic Violence Injunction

A domestic violence injunction is a type of restraining order specifically designed for situations involving violence against household members. If your spouse or significant other brings an injunction against you, our attorneys can help you contest it. Although an injunction is not the same as a criminal charge, it may impose certain restrictions on your freedom and rights. Additionally, you can face harsh penalties for violating the terms of the injunction. The effects of a domestic violence injunction could include: 

• Restricts your ability to possess ammunition and weapons
• Is enforceable in all 50 states
• Limit your ability to see your children
• Require you to leave your home and pay child support
• Influence your ability to maintain professional licensing
• Keep you from applying to certain colleges and universities

First Appearance Hearing

If you were arrested for domestic violence, you will need to attend a first appearance haring. This will be your first court appearance after the arrest, and you cannot be released from jail before the hearing. At the hearing, the judge will issue a bond for your release. Additionally, your attorney can request contact with the alleged victim. If the judge denies this request, you may be prohibited from returning home after the hearing, even if you are released from jail.

Pre-Trial Intake Process

A skilled attorney can help you fight domestic violence charge before they are filed against you. During the pre-trial stage, investigators will gather as much information about your case as possible and verify information regarding your criminal history. Our attorneys can help you combat your domestic violence accusation, even before prosecutors file formal charges. Early involvement may prevent prosecutors from filing felony charges or lead to a case dismissal.

Post-Filing Legal Process

The post-filing legal process begins when prosecutors formally file charges against you. If your case is not dismissed, our legal team can construct a strong defense in your favor. During the legal process, we will strive for the best possible outcome to your case. Ideally, this is a case dismissal. Depending on the circumstances of your case, we may seek a lesser charge or sentence reduction instead, so that you have the option of sealing your record in the future.

Domestic Violence Defense Strategies

• Self Defense 
  Under the concept of “mutual combat,” a skilled legal advocate can argue that you did not attack the alleged victim, but that the violence was mutual. If both parties are willing participants in the incident, the prosecution does not have a valid case.
• Lack of Evidence 
  The prosecution can still file charges, even if the victim refuses to participate. However, it can be difficult to obtain a conviction if this is the prosecution’s only evidence. Prosecutors need additional evidence – photographs of physical injury, witness testimony, etc. – to create a case against you.
• Victim Participation 
  If the alleged victim recants his / her story, the state attorney’s office may have a difficulty bringing charges against you. Without this piece of evidence, prosecutors will have to find alternative evidence to convict you.

Contact Parks & Braxton, PA Today

If you were arrested for a domestic violence-related crime, call our office today to schedule your initial consultation. With more than 60 years of legal experience behind us, we are confident in our ability to fight for your rights and help pursue a favorable outcome to your case. When you work with us, our goal is simple: to help you avoid the consequences of a serious domestic violence conviction. We are available to help your clients 24/7, so call our office today for information about your legal options with our Miami domestic violence defense lawyers.