A disagreement among family members living in the same home can quickly get out of hand, leading to threats or physical violence. Such disputes commonly end with one or more parties under arrest for domestic violence. The law defines the offense as any unwanted and illegal touching of another living as a family in the same household.
After an arrest for assault or battery on a family member, knowing your legal rights is crucial for protecting your freedom. A Tavares domestic violence lawyer could help review your legal options and determine the best strategy for your situation. Reach out to a seasoned criminal defense attorney today to schedule a consultation.
Florida Domestic Violence Regulations
Domestic violence can involve a wide range of circumstances and result in many legal implications. Depending on the specifics of the arrest, a conviction could mean losing certain rights, including the right to bear arms and to see children under custody agreements.
Under Florida Statutes § 741.28, a person committing an assault, aggravated assault, or assault and battery against a household member is guilty of domestic violence. The law further provides that sexual assault, battery, stalking, and kidnapping against a household member are criminal domestic violence. Household members under the legislation include the following:
- Spouses
- Ex-spouses
- Blood or marital relatives
- People living as a family
- Couples or ex-couples who share a child
- People that previously lived together as a family in the same home
Household members must reside in the same residence or have previously lived together, except for couples sharing children. Many varying factors can increase or decrease the severity of this offense. During an initial meeting, a knowledgeable Tavares domestic violence attorney could thoroughly review the statute and your legal options.
Misdemeanor and Felony Domestic Violence Conviction Sentencing
A domestic violence arrest could lead to either a misdemeanor or felony conviction. The penalties will depend on the arrest circumstances. For example, committing a misdemeanor assault against a family member could mean serving 60 days, while a first-degree misdemeanor battery could result in one year in county jail.
A third-degree felony domestic violence conviction carries the potential for a maximum sentence of five years, while a first-degree felony could mean incarceration for 30 years. The state will base charges on the extent of injuries and the individual’s criminal history. A well-practiced domestic violence lawyer in Tavares could answer specific questions about sentencing after reviewing a case.
Sealing Records After an Arrest or Conviction for Domestic Violence
Individuals may have the legal right to seal or expunge their criminal record once after many arrests and convictions. However, according to Florida Statutes § 741.28, those convicted of domestic violence-related charges are ineligible for record expungement.
Further, the court mandates that a person guilty of unlawfully and intentionally causing bodily harm to another person serve a minimum jail sentence of ten days. Those guilty of a second offense will spend a mandatory minimum sentence of 15 days and 20 days for each subsequent arrest.
Schedule a Consultation With a Tavares Domestic Violence Attorney to Learn More
It is never wise to forfeit your legal rights by pleading guilty or signing documents without understanding the charges you face. A domestic violence conviction could mean losing many rights and having a violent criminal conviction on your permanent record.
In addition, the offense could cause problems whenever you submit to a background check. A committed Tavares domestic violence lawyer could protect your future and help you reach the best potential outcome in your case. Call today so we can begin preparing your case.
