Domestic Assault / Battery
A domestic violence conviction can result in the loss of your reputation and, in some instances, your job. If you're convicted of a domestic violence offense it will show up on future criminal background checks performed by prospective employers. Some prospective dates perform background checks and will not go out with you if you have a record of domestic violence. Many people often will pass judgment on you without knowing or understanding the full story if you have a domestic violence record.
Even though it may seem that fighting allegations of domestic violence is more trouble than it is worth, you have options and you don’t have to fight the charges alone. Hiring a knowledgeable criminal defense attorney can help alleviate your heavy burden.
If you've recently had a highly emotional interaction with your wife or girlfriend, the police may have been called and you may have been arrested for domestic violence. Oftentimes during these emotionally charged incidents you or your wife or girlfriend may not fully or accurately report exactly what happened and the arrest and booking report may not contain facts which might exonerate you or mininimize your role in the incident. Sometimes, the officers simply misunderstand or misquote statements you or your accuser made to them after such an emotionally traumatic event.
Furthermore, after cooling off and calmly reflecting on the incident leading to your arrest, your wife or girlfriend may recall facts or circumstances not initially reported to the police which can help your case. If any of these scenarios apply to your situation we may be able to correct or supplement the record of your incident. With sufficient and proper correction or supplementation of the alleged facts leading to your arrest, we may be able to have your charges dropped or significantly reduced.JACKSONVILLE DOMESTIC ASSAULT ATTORNEY
If you have been arrested for a domestic assault or domestic battery offense, contact Roelke Law. Criminal defense lawyer Bill Roelke represents Florida residents who have face domestic violence allegations, including individuals in the areas of Jacksonville, Saint Augustine, Fernandina Beach and Orange Park. Contact Roelke Law for a free confidential consultation today at (904) 354-0333.
Definition of Domestic Assault / Battery in Florida
Fla. Stat. § 741.28 defines domestic violence as any offense against a family or household member.
These offenses can include, but are not limited to:
- Aggravated assault
- Aggravated battery
- Sexual assault
- Sexual battery
- Aggravated stalking
- False imprisonment
- Any offense resulting in physical injury or death of a family or household member.
Definition of a Household Member in Florida
Florida law defines a family or household member as a spouse or former spouse, people who are related by blood or marriage, people who are living or have lived together as family and people who have a child or children in common.
Florida Penalties of Domestic Assault / Battery
A conviction for assault can result in a misdemeanor of the second degree, which is punishable by up to 60 days in jail and/or a fine up to $500.
A convcition for aggravated assault can result in a felony of the third degree, which is punishable by up to five years in prison and/or a fine up to $5,000.
A conviction for battery can result in a misdemeanor of the first degree, which is punishable by up to one year in jail and/or a fine up to $1,000.
A conviction for felony battery can result in a felony of the third degree, which is punishable by up to five years in prison and/or a fine up to $5,000.
A conviction for domestic battery by strangulation can result in a felony of the third degree, which is punishable by up to five years in prison and/or a fine up to $5,000.
A conviction for aggravated battery can result in a felony of the second degree, which is punishable by up to 15 years in prison and/or a fine up to $10,000.
A conviction for sexual battery offenses can have increased penalties depending on circumstances surrounding the offense, such as the age of the victim, whether the victim was handicapped, or if a weapon or force was used during the commission of the offense. Sexual battery charges can result in any of the following punishments:
- A felony of the third degree, which is punishable by up to five years in prison and/or a fine up to $5,000.
- A felony of the second degree, which is punishable by up to 15 years in prison and/or a fine up to $10,000.
- A felony of the first degree, which can result in up to 30 years or life in prison and/or a fine up to $10,000.
- A life felony, which can result in life imprisonment, and/or
- A capital felony, which is generally punishable by death.
Additionally, an individual convicted of a domestic violence offense that resulted in bodily harm can be sentenced to a minimum of five days in county jail, in accordance with Fla. Stat. § 741.283.
Batterer's Intervention Program
If you are convicted of a domestic assault or domestic battery offense, you can be ordered by the court to complete one year of probation or community supervision with a requirement to attend a certified batterer’s intervention program, according to Fla. Stat. § 741.281.
The program teaches participants about the underlying issues related to domestic violence and encourages them to seek other problem solving techniques besides domestic violence.
The program usually last 29 weeks and requires participants to attend all weekly group sessions drug and alcohol free, pay all fees and costs of the program, and successfully finish the program.
Roelke Law, P.A. | Duval County Domestic Assault Arrest Lawyer
If you have been arrested for a domestic assault or domestic battery offense in Duval County, Nassau County, Clay County or St. John's County, contact Roelke Law. Bill Roelke is an experienced Jacksonville domestic violence lawyer who is ready to help defend your reputation and freedom against the domestic assault allegations. For a free confidential consultation about your alleged domestic violence offense, contact Roelke Law today at (904) 354-0333 or send an online message.