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Domestic violence is an issue that seems to be getting more and more media attention because of the danger to victims. Unfortunately, this means that the police often take one spouse into custody without fully investigating the entirety of the situation. If you have been accused of a crime, never forget that you have the right to tell your side of the story.
A St. Augustine domestic violence lawyer from the Law Offices of Jason K.S. Porter, P.A., could help you understand your options. Our experienced criminal defense attorneys know that being arrested can be confusing and embarrassing, and we are here to provide support as we work to find a fair solution.
Defining Domestic Violence Under State Law
There are more varieties of crime than many people may think. The difference in seriousness often depends on the potential harm it causes to either society or other people. In this sense, police and prosecutors take violent crimes very seriously because there is usually a victim involved. Some common examples include assault, battery, and just about anything that causes serious physical injuries.
Domestic violence, according to the Florida Statutes § 741.28(2) and (3), means any sort of violent crime committed upon a family or household member by another member. Family is just about anyone living together under the same roof, but it includes former spouses or parents with a common child, even if they have never been married.
The law is broad because it tries to capture as many different situations as possible. Unfortunately, the police are usually required to make an arrest if they respond to a call about domestic violence in St. Augustine, which also means it is imperative to seek guidance from an defense attorney immediately.
Are There Required Sentences for a Conviction?
After an arrest, the accused will usually make their first appearance in a courtroom within 24 hours. The judge sets bond and issues a no-contact order while the case is proceeding at this hearing. This is just the beginning, and the judge has made no determination at this point, but it is still critical to start building a defense.
The potential criminal penalties for a conviction vary widely, depending on the underlying violent crime. For example, someone could be charged with misdemeanor battery against their partner or a felony sexual assault.
However, Fla. Stat. § 741.283 sets minimum jail time for a conviction of domestic violence. A first-time offense is at least 10 days in county jail, 15 days for a second, and 20 days for a third. These increase if the violent act was committed in the presence of a child under the age of 16. It is important to remember that these minimum terms are in addition to any other sentence the judge decides.
This is why retaining the help of a skilled domestic violence defense attorney before the first St. Augustine court appearance is vital for the accused family member to protect their future. Merely being charged with a crime is not the same as a conviction, and everyone has the right to challenge the allegations.
Talk to a Defense Attorney if you Have Been Accused of Family Violence in St. Augustine
Problems? Pick Porter!™ A St. Augustine domestic violence defense lawyer on our team has experience representing individuals who have been accused of domestic abuse. Many times, the couple is going through a contentious divorce, and emotions are running high. But a conviction could have serious consequences for your future.
We understand that things feel uncertain right now, and we are here to provide support and guidance through the process. Call the Law Offices of Jason K.S. Porter, P.A., and tell us your side of the story.