Domestic Battery | Domestic Violence Charges in Clearwater, FL
Have you been charged with a Domestic Violence or Domestic Battery crime (same thing) in Clearwater, Florida? Protect your rights! You must have an experienced, criminal defense attorney that specializes in Domestic Battery Cases. The state already does and that’ who you’re up aganist. Not the alleged victim. You need an attorney that can navigate this landfall from the very beginning. Why?
- By law, Domestic Violence or Battery charges are considered to be more heinous than criminal battery charges Florida.
- It’s the State of Florida that issues criminal charges, not the victim. And the victim cannot resend the charges.
- The State of Florida has a “pro-prosecution” doctrine on all Domestic Battery & Violence crimes.
- Sentences for Domestic Battery Crimes can be harsh and prolonged.
- You can lose your ability to have contact with your spouse, children, and family members.
- You can be prevented from returning to your own property.
Our criminal defense lawyers for Domestic Battery allegations will protect your rights and work towards a successful resolution of your case. If your case proceeds to trial, our skilled lawyers will contest the state prosecutor’s case while advocating for your acquittal.
What is considered Domestic Batterye in the State of Florida?
Domestic Battery in Florida is defined as : Any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death, committed by a family or household member against another family or household member.
“Family or household member” refers to any of the following persons:
- current or former spouses
- persons related by blood or marriage
- persons currently or formerly residing together as if a family, or
- parents who have a child in common, regardless of whether they were at any time married.
With the exception of parents who have a child in common, the persons must currently or previously have resided together in the same single dwelling unit in order to be considered a family or household member under Florida law.
(Fla. Stat. § 741.28).
Do I Need a Lawyer for a Domestic Violence or Domestic Battery Charge?
Yes. The longer you wait, the harder it becomes to protect your rights! Getting domestic violence charges dismissed is a very real possibility. If you’ve been charged with a crime of Domestic Violence or Domestic Battery (same thing), you need the immediate help of an experienced criminal defense attorney. We understand how emotional you’re feeling right now. We know the full extent of consequences that Domestic Battery charges can have on your life, livelihood, and future. Winning a dismissal or other favorable outcome on a domestic violence case requires skilled representation. We have the experience and knowledge you need to reduce the impact of these charges, protect your rights, preserve your reputation and future.
While your still reeling from the emotional trauma, we will be:
- Filing Legal Motions to Dismiss Case-Your rights may have been violated in this fast-moving area of law.
- Building Your Character Evidence to prove you aren’t a criminal.
- Investigating the Facts-Domestic Battery Cases are reputedly one-sided.
- Challenging the Prosecutor’s Evidence-reviewing ALL the facts presented, subpoenas documents, and otherwise finding evidence that the prosecutor is unable or unwilling to discover.
What happens at a first appearance or advisory hearing in myDomestic Battery case?
Your bond on a Domestic Battery case will be set by the judge at your “first appearance” or “advisory hearing.” Our criminal defense attorneys can often help you obtain a reasonable bond or a “release on your own recognizance” (ROR). If you do bond out of jail, you will probably be given a Domestic Violence Injunction. This injunction will remain as a condition of your bond (or ROR) until your lawyer files an appropriate motion and is heard by the judge. The only person that can remove a Domestic Violence Injunction is the judge.
In the meantime, in all Pinellas and Hillsborough County Domestic Battery Cases, we will have already begun working on your defense. A few areas can include:
- Accident. To be guilty of a crimes a person must have acted willfully.
- Alibi. The person accused of Domestic Battery must be present when the alleged violence occurred.
- Consent. In some circumstances, a person may consent to behavior that otherwise could constitute domestic violence.
- Insufficient evidence. The prosecution must prove that a defendant committed Domestic Battery beyond a reasonable doubt.
- Self-defense/Defense of others.
What is a Domestic Violence Injunction?
When you are charged with a Domestic Battery crime, often the alleged victim can file for Domestic Violence Injunction (DVI). A DVI is nothing more than a restraining order, forbidding one person from being near another person but isn’t to be taken lightly.
At Powers Sellers and Finkelstein, our Clearwater criminal defense attorneys can easily argue and win relief for you when a DVI is being put into play. We understand the impact a DVI and Domestic Battery Cases can have, such as:
- Divorce-You might be prevented from having any contact with your children and other family members.
- Having to move out of your home with your children
- Losing your right to bear arms
- Not being allowed to travel
Our attorneys will begin with mounting a strong defense against an effort to get a DVI against you. When the alleged Domestic Battery victim does not want you prosecuted, Powers Sellers & Finkelstein, PLC can file the appropriate paperwork and have early contact with the assigned Assistant State Attorney.
Early contact with the State Attorney’s Office can even lead to your Domestic Battery charge being dropped before any criminal charges are ever filed. If you wish to have your criminal record expunged or sealed, this can be particularly important down the road.
The State of Florida has a “pro-prosecution” doctrine when it comes to all Domestic Violence crimes. What Does Pro-Prosecution Mean?
The consent of the victim is not required to file charges; the state attorney possesses prosecutorial discretion. When charged with Domestic Violence, the cards are immediately stacked against you, especially if you don’t have a working knowledge of Domestic Battery law. Florida is very aggressive when it comes to these cases, and the state picks up the charges against you.
Each state attorney assigns prosecutors (Assistant State Attorney), who are trained in domestic violence, to specialize in the prosecution of domestic violence cases. Another reason your criminal defense attorney needs to be well-versed, experienced, and familiar with Domestic Violence Cases in the pinellas County and Hillsborough County, Florida court systems. Knowing the judges can work to your benefit.
We’ll use our decades of experience in successfully handling Domestic Battery cases to craft a defense strategy designed to fight the charges you are facing and protect your rights! In Domestic Battery Cases, things move very quickly. It’s essential to have immediate, reliable representation.
Even if criminal charges are filed against you, our experienced criminal trial lawyers can attempt to negotiate a reduction to a lesser charge. This would allow you to have your criminal record sealed or expunged. In some cases, you may qualify for a domestic violence diversion program in which your violence charge will be dismissed upon your successful completion. However, this can’t happen unless you contact our attorneys immediately. Call us for a free evaluation at (727) 531-2926 anytime, 24-7!