Domestic violence is punished harshly in Florida. This crime refers to any criminal offense committed by the victim’s spouse or other household member that results in physical injury or death. This includes assault, battery, stalking, sexual assault, kidnapping, and false imprisonment.

Florida requires minimum mandatory sentencing for domestic violence crimes. Because of this, these cases must be handled carefully by an experienced lawyer. Even if you have no criminal record, domestic violence cases cannot be removed from your record through records sealing or expungement. If you are facing domestic violence charges, it is imperative to have a Broward domestic violence attorney from The Franklin Firm to help you with the process.

When you think of domestic violence, you may think of physical abuse. However, domestic violence can happen in many forms, including the following:

• Physical abuse. This involves any form of physical harm or violence, such as hitting, punching, kicking, slapping, or using weapons against a partner or family member.

• Emotional/verbal abuse. This includes insults, threats, constant criticism, manipulation, gaslighting (making the victim doubt their own reality), or any other behavior intended to undermine the victim’s self-esteem and mental well-being.

• Sexual abuse. This involves any unwanted sexual activity or behavior, including rape, sexual assault, coercion, or forced sexual acts within a relationship.

• This involves repeatedly following, watching, harassing, or monitoring the victim, either physically or through other means such as phone calls, messages, or social media.

• Financial abuse. This occurs when the abuser controls the victim’s finances, restricts access to money, or prevents them from working or accessing financial resources, thereby exerting power and control.

Domestic violence is typically a misdemeanor charge in Florida. A person convicted of domestic violence may face penalties such as up to one year in jail, one year of probation, and a $1,000 fine. 

In addition, anyone convicted of a first-degree misdemeanor can face additional statutory penalties, which are mandatory. They include a minimum of five days in jail if someone sustained an injury as well as forfeiting the right to have a gun and participation in a 29-week-long Batterers Intervention Program.

In extreme cases, domestic violence can be charged as a felony. This includes situations such as:

• Aggravated battery. Aggravated battery often involves use of a deadly weapon. This is a second-degree felony charge.

• Aggravated assault. Aggravated assault often involves threatening someone with a deadly weapon, especially while committing another felony. This is a third-degree felony charge.

• Domestic battery by strangulation. Also a third-degree felony charge, this involves intentionally cutting off a person’s air supply by strangling their throat or covering their nose and mouth.

If you are charged with a domestic violence crime in the State of Florida, it is imperative to contact a qualified domestic violence defense lawyer who can ensure your legal rights are protected. Those who are charged with domestic violence crimes may face a number of harsh penalties including, but not limited to:

• Jail or prison
• Fines
• Community service
• Intensive counseling
• Probation
• Permanent criminal record that cannot be sealed or expunged
• Importance of a Domestic Violence Attorney

It is important to know that you have the right to obtain legal counsel in the event that you are charged with a domestic violence offense. Because the penalties of domestic violence crimes can have such a great impact on your life, it is essential to seek the help of a qualified defense attorney you can trust.

An experienced domestic violence defense attorney has the skills and knowledge necessary to protect your legal rights. In addition, a competent attorney will advocate your case until it is resolved with the best possible outcome. Many times, a defense attorney will negotiate to reduce your charges, allow entry into a diversionary program, or obtain a lesser penalty.

Domestic violence cases are taken very seriously in Florida, and prosecutors aggressively pursue convictions. If you are facing domestic violence charges, you need strong legal representation to protect your rights and your future.

At The Franklin Firm, PLLC, we are committed to providing high-quality defense for individuals accused of domestic violence. Our experienced South Florida domestic violence attorney will fight tirelessly to protect your interests and seek the best possible outcome in your case.

Call 954-290-0872 or fill out our online below to schedule a consultation today.