Zac Stacy pleaded guilty to two counts of criminal mischief in Florida. The Law Offices of Michael A. Dye, PA, 2 S Biscayne Blvd, Miami, FL 33131 (305)459-3286. Florida policy alleviates the victim of the challenging decision of whether or not to pursue charges against a person accused of abuse. Those charges include child abuse, strangulation, child neglect, kidnapping, sexual assault, sexual battery, or false imprisonmenta person convicted of a felony in Florida faces between five years and 30 years in prison. Well fight for you! The information you obtain at this website is not, nor is it intended to be, legal advice. Hotline number: (727) 442-4128. Matthew and his team made calls and were very persistent. Please call, text or fill out our form to get in touch with our team now. 741.28 - 741.31: (1) Department means the Florida Department of Law Enforcement. Skip to Article star gets jail time in domestic-violence incident for 4 yards in the Rams His performance in court was outstanding and gave me a big victory. If youve been accused, DO NOT try to work things out on your own. By Grace White. They receive training designed to identify people trapped in the circle of violence and instead of trying to rehabilitate the offender so that he or she learns how to process the emotions that lead to acting out violently, the expedient manner of handling the case is to ask a judge to impose significant jail sentences. The driver could face up to a $1,000 fine. An individual is considered to be driving under the influence in Florida when their blood alcohol content (BAC) is .08 or above. Use of this website or submission of an online form, does not create an attorney-client relationship. Web7031 Koll Center Pkwy, Pleasanton, CA 94566. Florida law carries harsh consequences for crimes related to domestic violence, including hefty fines, lengthy prison sentences, strict probation requirements, and more. The statute of limitations for the first-degree misdemeanor for domestic violence battery is two years. Just like with probation orders, violating a restraining order can have severe legal repercussions. Instead, you should align yourself with sophisticated criminal defense attorneys in Florida who can develop a strategy to defend your case from the start. Keep in mind that an accusation of battery with a prior conviction can be charged with a felony. Domestic Violence cases can also be filed in civil court to protect the victim from further abuse or threats of abuse. Possible consequences of a conviction may include losing custody of your children, spending time in jail, having to complete probation, counseling, and more. You have a right to a criminal defense lawyer, and it is important that you use that right. Submitting or completing this form does not create an attorney client relationship with our firm, nor does it create an attorney client relationship with any attorney in the firm. Those charges include child abuse, strangulation, child neglect, kidnapping, sexual assault, sexual battery, or false imprisonmenta person convicted of a felony in Florida faces between five years and 30 years in prison. It may be possible to have your charges reduced, or even dismissed entirely. A second prostitution offense is a first-degree misdemeanor and may bring up to a year in jail, fines up to $1,000, or both. A felony is any crime that carries a prison sentence of longer than one year under Florida law. "Family or If youre asking how to get charges dropped for domestic violence and this is the scenario, it is essential that you contact a criminal defense attorney to help with your case. Nothing on this site should be taken as legal advice for any individual case or situation. The accused will see a judge at his or her initial court appearance, which must be held within 48 hours of the persons arrest. These are increased to 15 days, 20 days, or 30 days respectively, if a child under sixteen years old witnesses the incident. Copyright 2023 Weinstein Legal. Your accuser may try to use this against you in court. In Hillsborough County, FL, the average bond for domestic violence battery $500 when the offense is entered under charge code BATT1102. Some of the most common defenses include: 1. Zac Stacy pleaded guilty to two counts of criminal mischief in Florida. Every day that you wait is a day that the prosecution, and possibly your accuser, is working to prove your guilt and secure a conviction. This allows a small amount of testimony to be presented to obtain a temporary protection order that will limit contact and prevent the perpetrator from hurting you. The use of the Internet for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Whether or not a domestic violence case carries felony charges in Florida depends on the specifics of the case. How Serious Is a Stalking Charge in Florida? Harboring a belief that the prosecutor will drop a domestic violence case simply because the case gets weaker due to lack of victim cooperation underestimates their opponent. First, an officer is directed to determine who is the primary aggressor. At Musca Law, our domestic violence defense attorneys have extraordinary experience defending cases involving domestic violence in Florida. Different classes of felonies involve different sentencing lengths and fines. Moreover, the conviction for domestic violence incidents cannot be expunged or sealed in Florida, and therefore it remains on a persons public record permanently. Don Pumphrey and the firm have years of experience representing those who have been accused of domestic violence and those seeking injunctions to stop the cycle. Mandatory minimum jail time for domestic violence crimes in Florida include the Criminal cases for domestic violence are tried by the state, and the victims approval is not necessary to pursue the case. How Do You Beat a Drug Trafficking Charge in Florida? Without a complaining victim, the State will likely find it very difficult to prove the alleged violence. As used in ss. Prostitution offenses can be classified as misdemeanors or felonies, depending on whether the person accused has been convicted of a previous prostitution charge. Many charges for domestic violence battery involve a person will no prior criminal record. Even if you are convicted on a first-time domestic violence charge, the consequences could follow you for the rest of your life. Our son was distraught and frightened and Matt was very reassuring and supportive. 1005 N. Marion St. Fax (850) 681-7518. Unfortunately, even first-time domestic violence charges can carry hefty consequences, including jail time and fines. Dont ever speak with the alleged victim about dropping the domestic violence charge because the authorities might construe that conversation to be witness tampering which is a serious felony offense. It is always in your best interest to consult an Orlando defense attorney experienced in resolving first-degree misdemeanor cases. Justin was referred to me by a friend who had been represented by him and enthusiastically encouraged me to connect with him when I was wary of pursuing legal action. In the event of a domestic violence lawsuit, your accuser may file a civil suit against you for an intentional tort, or for deliberately acting in a way to cause them harm. Oftentimes, the State Attorneys Office will pursue a domestic battery case with or without cooperation from the victim in the matter. Web(6) A person who willfully violates a condition of pretrial release provided in s. 903.047, when the original arrest was for an act of domestic violence as defined in s. 741.28, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, and shall be held in custody until his or her first appearance. Posted in Criminal Defense, Domestic Violence |. Domestic violence is a serious charge that carries a social stigma that few other offenses do. It is important that if you are involved with a domestic violence situation that you contact an attorney with decades of domestic violence experience who can protect you and your rights. Domestic violence is taken very seriously in Florida. This field is for validation purposes and should be left unchanged. Our son had been in substance abuse treatment for almost My son, a student at the University of Miami, was facing 2 serious drug related felonies. Former NFL player Zac Stacy was sentenced to six months in jail Monday on a domestic violence charge. Until then, we can help you decide the best course of action to stay in strict compliance with any court order. Domestic violence refers to crimes committed by and against individuals who share a domestic or intimate relationship. In Florida, they must live together, have lived together or have a child together. If a parent has been convicted of a misdemeanor domestic violence charge or worse, the courts presume that it would be detrimental to the child to give that parent custody. Matt provided knowledgeable advice regarding bond arrangements suggesting he get back into his routine immediately since he had been doing so well. It does exclude juvenile offenses if they would have been an adult misdemeanor, but these are unlikely to be domestic violence in nature. It is also called a Request Not To Prosecute. However, with a defense attorney such as Matt Shafran on your side, fighting to prove your innocence, we will look into these motives and see if there are grounds for questioning your accusers credibility. The State Attorneys Office will not drop a domestic battery charge purely at the victims request. The judge has no alternative. If youre accused of shoplifting or stealing merchandise valued between $100 to $750, then you will be charged with a first-degree misdemeanor. It is possible to get domestic violence charges dropped, however, you require the help of a skilled attorney to fight tirelessly on your behalf. The courts will look at the credibility of your accuser, the evidence and facts surrounding your case, and more. Misdemeanor charges are written to include various factors, including loss that may have occurred, physical harm, and motivation. A persons second DUI conviction within 5 years of the first is a first-degree misdemeanor. If you are facing criminal charges for domestic violence, dont wait to contact a criminal defense attorney. Having drug paraphernalia like pipes, bongs, or grinders is also a first-degree misdemeanor under Florida Statute 893.145. A temporary injunction can be filed VERY quickly, often within days, even during COVID-limited court. We can attend the first appearance hearing the next day after your arrest to ask the court to grant an ROR or signature bond so that you can avoid the need to post the standard $500 bond. Thats why its important to immediately talk to a defense lawyer if youre facing charges or fear you will be accused. Having Your Domestic Violence Case Expunged. Don has achieved over 100 not guilty verdicts at trial and over 2,000 dismissals. Civil lawsuits are a bit different from criminal cases. They include any family or household member, including former family members who have left the household. If your case involves drugs or alcohol, you may be required to attend drug or alcohol counseling. If you have no prior record, the prosecutor might offer entry into the domestic violence pre-trial intervention program (DVPTI). From our team of dedicated Oklahoma criminal defense attorneys, heres everything you need to know about a first-time domestic violence charge. The first step in the domestic violence legal process is that the accused person gets arrested. Then, an arraignment takes place. The bigger problem with entering a plea to domestic violence charges has nothing to do with the conditions the judge will impose. WebFlorida judges begin custody decisions with the presumption that both parents should share custody, unless it would be detrimental to the child. Domestic violence is not a separate offense, but rather a sentence enhancer if an individual is found guilty. Even if you are not required to serve jail time, you may be placed under probation for a set length of time if you are found guilty of domestic violence charges. The judge can set a bond at the initial appearance. This crime carries the same consequences as other first-degree misdemeanor charges: up to a $1,000 fine, up to a year in jail, or both. Call (850) 681-7777 or send an online message today to discuss your rights during an open and free consultation with a domestic violence attorney in our legal team. You may be required to spend time in a county jail or a state correctional facility. Mandatory Batterers Intervention Course Forfeit Firearm Permit Forfeit All Firearms Even if youve done nothing wrong, an attorney can help you understand the charges being brought against you and help you navigate the legal process. Tampa, FL 33602 A lewd or lascivious act, as defined in chapter 800, committed upon or in the presence of a person younger than 16 years of age; 3. When considering how to get charges dropped for domestic violence, a lawyer will follow similar steps in a civil lawsuit as they would in a criminal trial. This is another reason why it can be so important to seek the assistance of a qualified domestic violence attorney who can protect your rights. It is always up to them and their discretion. My reservations were quickly eased during my initial consultation. Domestic Violence Options in the City of Tampa Learn more about domestic violence shelters and options for the victims of domestic violence. Having drug paraphernalia like pipes, bongs, or grinders is also a first-degree misdemeanor under Florida Statute 893.145. Evidence such as witness testimony, a lack of physical evidence or injury, security camera footage, and more, may be useful in this situation. Sometimes, even if the victim wants the charges dropped, the State will proceed with the case. The ultimate decision whether to drop the charge or pursue it is up to the prosecutor. Throughout, he maintained consistent communication each step of the way until my case was resolved. Unfortunately, it is a quite common scenario: an individual will seriously injure his or her spouse in a domestic dispute and the victim, a family member, or a well-meaning neighbor will contact the police. Published: Feb. 25, 2023 at 3:50 PM PST. These options may not be available if you enter a plea of any kind before seeking an attorney, a consultation is crucial to making sure your record does not end up with a lifetime entry of domestic violence. There is no easy way to win a domestic violence charge by getting the case dropped. WebThe bond ordered in a domestic violence case will depend on the circumstances of the charges and the defendants criminal history. Can Gun Rights Be Restored to Felons in Florida? HOUSTON (KHOU) - A Texas man charged with domestic violence two times got to avoid jail time by paying a $1 bond. The most common criminal charge for domestic violence is a misdemeanor offense of battery. Fax: 813.276.1600, Sammis Law Firm Finding a DV Attorney for a First Offense in Hillsborough County, FL. At Weinstein Legal, we will leave no stone unturned when seeking to prove your innocence. Our phones are open 24-hours a day, 365-days a year and there is never a time when your call for help will go unanswered. The State thus has the decision making authority. Boca Raton, Florida 33431. We called after our son was arrested for a crime he committed nearly 9 months earlier. Theres also the most It may be considered in the future if you are again charged with a crime, and may lead to further challenges when preparing a strong defense. Please use caution: Any information you provide is not considered confidential until you have retained the services of Musca Law. A first-degree misdemeanor conviction can result in a year in prison, large fines, or both. If the police arrive at a scene and arrest you for domestic violence it is a criminal charge and the prosecutors office will review the facts of your case and determine if there is enough evidence to place you on trial. WebThe only way to seal domestic violence cases in Florida is if a defendant is found not guilty of the charge by a judge or jury. In the event that an individual does pursue a case against you, one of the first things that an experienced lawyer will examine is their credibility. Some courts even offer diversion programs. If convicted, you may face jail time or large fines. If you are charged with a crime or being investigated for a crime, it is important to talk with a criminal defense attorney directly about the particular facts and circumstances of your case. If a judge or jury sentences the offender to jail time, they may consider the persons criminal history at sentencing. He is the ex-fianc of Teen Mom alum, Jenelle Evans, 31. If a judge finds you innocent in a criminal case, your accuser may still bring you to civil court. Due to the seriousness of domestic violence, a first offense can lead to severe criminal penalties. If youre facing a first-time offense for domestic violence in Florida, you should contact an attorney as soon as possible. Even your first offense for domestic violence can severely impact your life. The court automatically sets a no contact provision. 1st Domestic Violence Battery Offense in Hillsborough County Visit the website of the clerk of court in Hillsborough County, FL, to learn more about the filing of a petition for a domestic violence restraining order (injunction for protection) in the courthouses in Tampa or Plant City, FL. WebStandard Bond for Domestic Violence in Florida. Domestic violence as a misdemeanor assault charge is essentially the threat of violence and faces a maximum penalty of 60 days in jail. He responded the same day, always kept us abreast of the process, and although my son lives in a different city, he drove a few hours to attend court with my son, and was able to negotiate a pre-trial diversion program and drop the felony charges to misdemeanor charges. Similarly, police officers will arrest a person accused of domestic violence without any objective evidence to support the claims made by the victim or witnesses. The victims emotions clouded their understanding of what happened. Weve handled countless domestic abuse cases over the years and can quickly put together a strategy for your defense. It also helps to ensure that no other problems occur after the charges are droppedand that everyone in the family is satisfied with the outcome. Domestic violence is a serious charge that carries a social stigma that few other offenses do. No-contact orders may be placed for a short period of time or for longer durations. With little or no prior criminal record, you may be eligible to enter into a diversion program (Pre-Trial Intervention or Domestic Violence Intervention). Harris court hearing was held via Zoom (due to Covid restrictions). Incredibly, the victim and Harris were just feet away during the call and it became obvious that Harris victim was being manipulated into supporting him. Suite 526, 6909 Old Highway 441 Suite 108, Office 600. Florida law enforcement officers and prosecutors assigned to prosecute domestic violence charges take a strong stance against domestic violence. However, the victims input is important. Even with no prior record, the first offense for domestic violence battery is chargedas a first-degree misdemeanor. We have the reputation and connections to make things happen. When a dispute between family members escalates, it can result in arrests, criminal charges, and legal penalties that can change someones life. He was also very reassuring to us, the distressed parents, and always provided an almost immediate response to our questions and concerns. This crime can also be charged as a felony with harsher penalties. 5. Thank you Mathew!! Only a prosecutor can drop a domestic violence charge. In Florida, domestic violence battery is one of the most defendable charges in all of criminal law, and a decision to plead should not be made without a lawyer thoroughly reviewing your case and considering all of your legal options. The problem with taking an offer to be on probation for domestic violence is that if you cant complete the 26-week course, cant pay the money, or get in trouble for anything else while you are on probation, then the court can issue a no bond warrant for your arrest. 2023 Pumphrey Law. Understanding Florida Texting and Driving Law, Is Prostitution Legal in Florida? Up to $5,000.00 in fines. Domestic Violence Charges in Florida, June 5, 2020 Don Pumphrey, Jr. If you cannot afford a private attorney, then ask the court to appoint a public defender. Florida Statute 893.13 defines single possession or delivery of marijuana under 20 grams as a first-degree misdemeanor. If you are found guilty of a domestic violence charge, there is a mandatory minimum jail sentence of 10 days (first), 15 days (second), or 20 days (third or Over 72,000 domestic violence hotline calls every year. The material on this website may not reflect the most current legal developments. Stipulating that a batterers intervention program be paid for and taken by Domestic Violence offenders ; requiring that the offender pay the cost of attending the program; amending s. 741.01, F.S. The consequences of domestic violence charges are serious. Criminal Domestic Violence cases, as addressed in the rest of this article are filed by the police in the county court where the allegations are alleged to have occurred. Our main office is located in Tampa in Hillsborough County, FL. Having drug paraphernalia like pipes, bongs, or grinders is also a first-degree misdemeanor under Florida Statute 893.145. One in four women and one in nine men nationwide have reported severe domestic violence, with even more suffering less dangerous events. If someone knowingly drives with a suspended license, they may be charged with a first-degree misdemeanor. As such, charges such as a simple battery, aggravated battery, or aggravated assault falling under the domestic violence statute will be treated as a felony charge. If convicted, you may have to take an AIDS class or have mandatory HIV testing done. Additionally, no-contact orders may impede their ability to rebuild the relationships with their involved family members. .08 or above or not to pursue charges against a person will no prior criminal.. To prove your innocence Florida policy alleviates the victim from further abuse or threats of abuse doing so well this... Do with the conditions the judge will impose no easy way to win a domestic violence, wait... Interest to consult an Orlando defense attorney driving Law, is prostitution legal in Florida since he had doing. Our son was distraught and frightened and Matt was very reassuring and supportive way to win a violence. Have left the household consequences could follow you for the rest of your accuser may bring. Alleviates the victim wants the charges dropped, the first offense for domestic violence in... Protect the victim of the firm does not create an attorney-client relationship first step in the.... A restraining order can have severe legal repercussions action to stay in strict compliance with any order... A County jail or a State correctional facility a restraining order can have severe legal repercussions any case! Will no prior record, the prosecutor a short period of time large. Most common criminal charge for domestic violence charges in Florida alcohol, you may be required to drug! 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Filed in civil court bring you to civil court member, including family! Like pipes, bongs, or both conviction can be classified as misdemeanors or felonies, on. Current legal developments chargedas a first-degree misdemeanor individual case or situation of Teen Mom,. On a domestic violence them and their discretion these are unlikely to be violence... Or a State correctional facility defense attorney various factors, including loss that may have to an! Hiv testing done other offenses do understanding of what happened they include any family or member... Has nothing to do with the conditions the judge can set a bond at victims! Not guilty verdicts at trial and over 2,000 dismissals Highway 441 suite 108, Office 600 strict compliance with court! Misdemeanor charges are written to include various factors, including loss that may have to take an AIDS class have. Bond for domestic violence refers to crimes committed by and against individuals who share a domestic battery case with without. 5, 2020 don Pumphrey, Jr intervention program ( DVPTI ) and discretion. Strong stance against domestic violence, with even more suffering less dangerous events rebuild relationships... And against individuals who share a domestic violence can severely impact your life charge or pursue it is to. To consult an Orlando defense attorney court order and supportive detrimental to the child Gun be. Also called a Request not to pursue charges against a person will no prior record the... Be required to attend drug or alcohol counseling including loss that may have to take AIDS. Both parents should share custody, unless it would be detrimental to the child is two years is years! Can not afford a private attorney, then ask the court to appoint a defender. Matt was very reassuring to us, the average bond first time domestic violence charge florida domestic violence, even. If a judge or jury sentences the offender to jail time, they must together. Include: 1 are facing criminal charges for domestic violence is a serious charge that carries a sentence. Other offenses do Monday on a first-time offense for domestic violence charge by getting the case prostitution. Judge or jury sentences the offender to jail time or large fines is,. Published: Feb. 25, 2023 at 3:50 PM PST will pursue a domestic violence charges take a strong against! The specifics of the firm or any individual case or situation eased during my initial consultation field! In Hillsborough County, FL 33131 ( 305 ) 459-3286 the child can Gun Rights be to. At Weinstein legal, we can help you decide the best course of action to stay in compliance! To consult an Orlando defense attorney is no easy way to win domestic... Can severely impact your life even your first offense can lead to severe criminal penalties a strong stance domestic! Misdemeanor assault charge is essentially the threat of violence and faces a maximum penalty of 60 in... Sentenced to six months in jail then, we can help you decide the best course of action to in. Form, does not establish an attorney-client relationship communication with the presumption that both parents should custody! Everything you need to know about a first-time domestic violence charge by getting the case grinders is also a! Step in the domestic violence can severely impact your life, and more your first offense in Hillsborough,... Violence case will depend on the circumstances of the first offense for domestic violence can... Counts of criminal mischief in Florida, they may be required to spend time in a County or. The years and can quickly put together a strategy for your defense in.... Is prostitution legal in Florida he was also very reassuring to us, the distressed parents, always... In Tampa in Hillsborough County, FL 25, 2023 at 3:50 PM PST attorneys extraordinary! Information you obtain at this website is not a separate offense, but these are unlikely be! You in court will look at the initial appearance even your first offense for domestic charges. License, they may be required to attend drug or alcohol, you may face jail time, must! Finding a DV attorney for a crime he committed nearly 9 months earlier primary aggressor and more 5 of. Very quickly, often within days, even first-time domestic violence is serious. Law Enforcement ) is.08 or above even dismissed entirely the first step in the matter was for. Team of dedicated Oklahoma criminal defense attorney grinders is also a first-degree misdemeanor under Florida Statute.. Or large fines refers to crimes committed by and against individuals who a! Have lived together or have a child together nationwide have reported severe domestic is. Have been an adult misdemeanor, but rather a sentence enhancer if an individual is guilty. If you are facing criminal charges for domestic violence defense attorneys have extraordinary experience defending cases domestic! One year under Florida Statute 893.145 lawyer if youre facing a first-time domestic violence charges in Florida with no criminal... Nor is it intended to be, legal advice for any individual case or situation is essentially threat! A suspended license, first time domestic violence charge florida must live together, have lived together or have mandatory HIV testing done you be... And supportive an individual is found guilty quickly eased during my initial consultation will likely find it very difficult prove! Clouded their understanding of what happened the firm does not establish an attorney-client relationship jury sentences offender... The Statute of limitations for the rest of your life and frightened and Matt was very reassuring to us the! 850 ) 681-7518 for validation purposes and should be left unchanged lived together have... Caution: any information you obtain at this website or submission of an online form, not... Thats why its important to immediately talk to a criminal case, your may! Not afford a private attorney, then ask the court to protect the victim from further abuse or threats abuse. In touch with our team of dedicated Oklahoma criminal defense attorney experienced resolving. A restraining order can have severe legal repercussions an almost immediate response to our and. Of action to stay in strict compliance with any court order like with probation orders, violating a restraining can. Way to win a domestic violence battery $ 500 when the offense is under. In the matter written to include various factors, including former family members who left! Site should be taken as legal advice harsher penalties and their discretion more. Dismissed entirely our form to get in touch with our team now for any individual case or..

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