Facing domestic violence charges in Collier County, Florida, alone can be incredibly stressful. After all, both your reputation and your future rest on defeating the charges. The good news is that you don’t have to go through this challenging time alone. You can hire a Collier County domestic violence attorney to help you defend yourself.
What Defines Domestic Violence?
Domestic violence cases in Florida aren’t always simple assault cases.
According to Florida Statute 741.28(2), many other crimes may also be charged as domestic violence, including:
- Kidnapping
- Stalking
- Sexual battery
- False imprisonment
- Threat or intimidation
- Child abuse
- Criminal offenses resulting in physical injury or death
There is one defining factor that determines whether a violent crime is one of domestic violence. It’s whether the alleged victim was from the household or family of the defendant, according to Florida domestic violence laws. The following people are considered family or household members:
- Spouses and former spouses
- People who are related by blood or marriage
- People who are or have been living together as if they were a family
- People who have a child in common
The current or past residency requirement that defines most of these relationships does not apply to people who share a child in common.
Why Hire a Domestic Violence Lawyer?
Domestic violence is, unfortunately, relatively common in Florida and the US, more generally. One in four women and one in ten men experienced some form of intimate partner violence in FY 2022-2023. A total of 75,746 hotline calls were made to the Florida Partnership to End Domestic Violence, and direct service referrals or information were offered to 398,829 survivors and other individuals seeking services.
For those facing domestic violence charges, this paints a difficult picture. Around 10% of Americans report that they have ever been falsely accused of domestic violence. They deserve the chance to prove themselves innocent and move on with their lives with their reputations intact. You can hire a domestic violence lawyer to help you do just that.
Effective Defense Strategies Against Domestic Violence Charges
The facts of your case determine what the most effective defense strategy is. You can trust your criminal defense lawyer to come up with the right one to use in your case. Depending on the circumstances, it might be:
- Self-defense. If you can show that you reasonably believed you were in danger of harm from the alleged victim, you may be able to claim self-defense. This defense is commonly used in domestic violence cases, but it requires proving that you were not the initial aggressor and that you used a proportionate amount of force against your attacker.
- Defense of others. Defending others works much like self-defense, except that instead of using appropriate force to prevent yourself from being injured, you are doing so to prevent another person, often a child, from incurring harm.
- False accusations. Alleged victims wrongly accuse defendants of domestic violence for many reasons, but this issue comes up most frequently in the context of divorces and child custody disputes. In some cases, the alleged victim’s mental health status may also play a role. To defend against false allegations, you’ll need to gather and show evidence that contradicts the accuser’s story, such as text messages or witness statements.
- Lack of evidence. For charges to stick, the prosecution must prove your guilt beyond a reasonable doubt. That requires substantial evidence. If the prosecutor does not present sufficient evidence in the form of forensics, witness statements, and a clear alignment between the facts of the case and the alleged victim’s story, your case may be dismissed.
- Rights violations. Law enforcement officers and prosecutors alike can sometimes make mistakes that violate the rights of violent domestic violence defendants. Those mistakes could include a warrantless search, not reading an arrested person their Miranda warning, or denying the accused the right to counsel. Any evidence or statements stemming from these violations of your rights should be thrown out in court, often leading to a dismissal.
- Lack of intent. If the incident being charged as domestic violence was actually an accident, you shouldn’t be found guilty. If you caused an injury by falling into your partner, for example, that harm was not intentional, and it is not domestic violence. It can be difficult to prove this defense.
If you can’t prove your innocence, your attorney may attempt to mitigate the damage by showing that you were provoked or engaged in mutual combat. The Sunshine State does not allow either of these defenses to stand independently, but showing that one of them applies might help to reduce the severity of your sentencing.
Domestic Violence Penalties in Collier County, Florida
Because there are many crimes that can be tried as domestic violence charges, the penalties for being convicted range significantly in severity. A simple battery is, however, the most common domestic violence allegation in Florida. A simple battery is a first-degree misdemeanor under Florida Statute 784.03 unless aggravating circumstances are present. It’s punishable by up to a year in jail and fines of up to $1,000.
Jail time and fines are just the beginning when it comes to potential consequences. If convicted of any domestic violence crime, you may also face:
- Participation in a 26-week Batterer’s Intervention Program
- Up to a year of probation
- A mandatory minimum of five days in jail if the crime involved bodily injury
- Completion of community service hours
- The loss of your right to possess firearms
- A potential no-contact order
- A potential domestic violence injunction
As you can see, the consequences of domestic violence charges can have a dramatic impact on your life. It’s worth hiring a domestic violence attorney as soon as you realize you’re facing charges, whether that’s the moment you discover that there’s a protective order out against you through the Collier County Courthouse or the first time the police interview you.
How a Lawyer Can Help With Your Domestic Violence Case
The most effective way to protect yourself against these damaging charges is to work with a Collier County domestic violence lawyer. Your lawyer can assist you with every aspect of the case, including:
- Keeping track of deadlines and court appearances
- Helping you understand the charges being brought against you
- Analyzing the evidence and witness statements to come up with a coherent narrative of the event that supports your side of the story
- Constructing an effective defense strategy
- Providing you with courtroom representation
- Negotiating a plea deal with the prosecution, if appropriate
FAQs
What Is the First-Time Charge for Domestic Violence in Florida?
The first-time charge for domestic violence in Florida is a Class 1 misdemeanor under Florida Statute 741.28. As such, it carries penalties of up to one year in jail, one year of probation, and a $1,000 fine. If bodily harm occurred, the mandatory minimum sentence is ten days in jail. If a child under 16 was present, the mandatory minimum sentence is 15 days in jail.
Why Do Most Domestic Violence Cases Get Dismissed?
Most domestic violence cases get dismissed due to insufficient evidence, victim recantation, or lack of witness cooperation. All of these factors can make it too challenging for prosecutors to prove the charges, making it impossible to proceed. It’s a misconception that victims asking to drop the charges is the primary issue. While recantation of their statements plays a role, the charges are dropped by the state only when the evidence is too weak to proceed.
Do Both Parties Go to Jail for Domestic Violence in Florida?
It’s rare for both parties to go to jail for domestic violence in Florida. Instead, the police attempt to determine who was the primary aggressor and arrest that person. To determine who was the primary aggressor, the police look at things like who sustained worse injuries, whether either party has a relevant criminal history, whether the victim is obviously in fear, whether there were existing no-contact orders, and what any witnesses have to say about the incident.
Are Domestic Violence Cases Public Record in Florida?
Domestic violence cases are public record in Florida under Florida Statutes Chapter 119. Anything that occurs at state proceedings is a matter of public record and relatively easily accessible to anyone. The civil injunctions, or restraining orders, often issued in domestic violence cases are also a matter of public record in Florida and are available through the clerk of the court’s office. They can appear in background checks.
Hire a Domestic Violence Lawyer Today
If you’re facing domestic violence charges, you need to take the situation seriously. Your first step should be to hire a domestic violence lawyer who can protect your rights throughout this difficult legal process and help you come up with an effective defense against the charges being levied against you.
The Caldarone Law Group, P.A., is here to help. Lead attorney Justin P. Caldarone is a trial lawyer with over a decade of experience. He provides personalized service and strategic legal advice to assist clients in meeting their goals. Join Justin P. Caldarone’s growing list of satisfied clients. Contact the firm to schedule an initial consultation regarding your domestic violence case today.
