Domestic Violence and Domestic Battery charges are taken very seriously by prosecutors when they choose to seek a conviction against the accused. With various recent stories of reported domestic abuse cases that have escalated to the point that the victim later ends up loosing his or her life in a subsequent domestic violence altercation, law enforcement, prosecutors, and elected officials are under a tremendous amount of pressure to play a strong roll in reducing domestic violence occurrences. They are doing this by sending a message to Central Florida communities through aggressive prosecution of those that are accused of domestic violence crimes.
The problem with this is that all to often innocent individuals are often aggressively prosecuted and convicted in what sometimes may appear to be an effort to show the community statistics that take the pressure off of the public outcry against domestic violence.
Over the years we have seen many cases where the accusations of domestic violence have been false claims, and in some cases turn out to be an intentional plan to discredit the accused during a heated divorce or child custody battle.
When dealing with the defense of domestic violence criminal charges, we will look at every fact of the case as well as any other unique circumstances that may play a roll in proving your innocence.
Under Florida law, if you have been previously convicted or received a “withhold of adjudication” for domestic violence, simple battery, aggravated battery, or felony battery, then a new charge of domestic violence will be treated as a felony. Florida law provides that anyone convicted of domestic violence must attend and successfully complete a Batterers Intervention Program as a condition of probation or house arrest. The probationary period, by law, must last a minimum of one year. This program generally consists of twenty-six consecutive weeks of counseling, instruction, and supervision at the Defendant’s expense. If you have a concealed weapons permit, and you are arrested for domestic violence, your privilege to carry a concealed weapon will be subject to immediate suspension.
The Law Office of
SANDRA RIVERA, P.A.