Westin Domestic Violence Lawyer
Domestic violence is the most common violent crime, and prosecutors are paying more and more attention to it as the general public becomes increasingly aware of the problem. As such, if you have been accused of domestic violence, even if the alleged victim’s claims are entirely baseless or completely blown out of proportion, your entire life is in jeopardy. Domestic violence is a crime punishable by up to a year in jail, and that does not even take into account the other offense that you are potentially facing. We urge you to consider your next moves very carefully. It is in your best interest to discuss your case with a Westin domestic violence lawyer as soon as possible. The lawyers here at Haber | Blank LLP will advise you on the next steps to take.
Definition of Domestic Violence
Domestic violence is physical or emotional violence, or the threat of violence, against a family or household member. A household or family member includes:
- Spouses
- Former spouses
- Intimate partners
- Former intimate partners
- People related by marriage or blood
- People currently residing together as if a family
- People who resided together as if a family in the past
- Parents with a child in common, regardless of marriage status
Offenses that constitute domestic violence include the following:
- Assault
- Aggravated stalking
- Aggravated assault
- Aggravated battery
- Battery
- False imprisonment
- Kidnapping
- Sexual assault
- Sexual battery
- Stalking
- Any other criminal offense that causes injury or death
The Consequences of Being Arrested and Found Guilty of Domestic Violence
Intimate partner violence accounts for 15 percent of all violent crimes, while children and other household members are also frequent victims in assault, battery, and sexual abuse. As such, Florida treats domestic violence cases very seriously, and prosecutors often seek the harshest punishment at their disposal. Domestic violence, just by itself, is a first-degree misdemeanor that carries a penalty of up to one year in prison. However, there are very strict minimum sentencing requirements that apply specifically to domestic violence that do not apply to other first-degree misdemeanors. The minimum sentencing is as follows:
- First Domestic Violence Offense—10 days in jail (minimum of 15 days in jail if the offense happened in the presence of a child household member under the age of 16).
- Second Domestic Violence Offense—15 days in jail.
- Third Domestic Violence Offense—20 days in jail.
Other punishment comes in the form of fines, losing the right to bear arms, losing your custodial rights or visitation rights, and being obligated to attend a batterer’s intervention program, not to mention the stigma that all domestic abusers are typically labeled with.
You Can Still be Charged With Another Offense Alongside Domestic Violence
If you are being accused of battery (the use of physical violence against another person) against a household member, you not only face a first-degree misdemeanor charge of domestic violence, but another first degree misdemeanor offense of battery. As you can see, these offenses stack up on top of one another, giving prosecutors more of a reason to extend your jail or prison sentence.
Call a Westin Domestic Violence Defense Lawyer Today
While you may have heard on TV, undoubtedly from some detective show, that “only guilty people hire lawyers,” the truth is that anyone and everyone accused of a crime, including domestic violence, needs legal representation. To protect your rights, call the Westin domestic violence lawyers at Haber | Blank LLP today at 954-767-0300 to schedule a free consultation.
