The days of the police responding to a domestic dispute and helping to defuse the situation are over. These days, if the police are called to someone’s home after a dispute involving spouses or relatives, there is a good chance that someone will be charged with a domestic violence related offense. Calling the police almost always results in an arrest.
In many cases, an arrest is made even though there are no signs of actual violence or evidence of injuries. In the event that you are arrested and charged with a domestic violence offense in Destin, having a dedicated criminal defense attorney on your side could greatly impact the outcome of your case.
Domestic Violence Defense Lawyer in Destin
For over 12 years, Flaherty Defense Firm has been defending clients accused of domestic violence. With your freedom and your record on the line, you need a team with the proven track record of success that we offer.
If you are facing domestic violence charges in Destin or the surrounding areas, contact Tim Flaherty today at 850-654-6097 for a free consultation. We are available 24 hours a day, seven days a week.
Information on Domestic Violence Charges in Florida
- What is Considered Domestic Violence in Destin?
- Common Domestic Violence Offenses in Destin
- Penalties for Domestic Violence in Destin
- What Happens if the Alleged Victim Does Not Want to Press Charges?
- Working with a Quality Defense Attorney to Preserve Your Freedom
Section 741.28 of the Florida Statutes, states that domestic violence is defined as any assault, battery, aggravated assault or battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any other crime that results in the physical injury or death of a family or household member.
A spouse, former spouse, blood relative, relative by marriage, residents of the same home, or parents of a common child can all be considered a family or household member. Any violent offense that involves two family or household members can be classified as an act of domestic violence.
Stalking: Section 748.048 of the Florida Statutes states that an individual is guilty of this crime if he or she repeatedly, willfully and maliciously follows, cyber stalks, or harasses someone. Stalking is usually considered a first degree misdemeanor.
Domestic Battery by Strangulation: According to Fla. Stat. § 784.041(2) an individual can be charged with domestic battery by strangulation if he or she knowingly, intentionally, and against the will of another, restricts the normal breathing or circulation of blood by applying pressure to the neck or throat, or blocking the nose or mouth of a family member, household member, or person he or she is dating. This charge is a third degree felony, punishable by 5 years in prison.
Felony Battery: According to Fla. Stat. § 784.041, an individual is guilty of this offense if he or she intentionally touches or strikes a person against their will and causes great bodily harm, permanent disability, or permanent disfigurement. This offense is a third degree felony, punishable by 5 years in prison.
Assault: Under section 784.011 of the Florida Statutes, an individual can be charged with assault if he or she intentionally threatens to commit an act of violence against another individual and the victim is in real fear that the assault could take place.
This offense is a third degree felony. If a weapon is used, the charge will be enhanced to aggravated assault, a third degree felony, punishable by 5 years in prison.
Battery: According to 784.03 of the Florida Statutes, an individual is guilty of battery if he or she intentionally touches or strikes someone without their consent. This offense is classified as a first degree misdemeanor.
In some cases a no contact order is issued by the Judge. This means no contact between the parties under penalty of bond revocation. This order could remain in effect until your case is resolved. If you have been arrested for domestic violence and a no contact order was issued, contact our office immediately to discuss your options and put your family back together.
The potential penalties for a domestic violence charge will depend on the alleged offense, as well as whether or not there were any aggravating factors involved (the use of a fire arm or deadly weapon). The penalties for each classification include:
- A second degree misdemeanor charge can result in up to 60 days of imprisonment, and up to a $500 fine.
- If an individual commits a domestic violence offense that is classified as a first degree misdemeanor, he or she can be sentenced to up to a year in jail, and a fine of up to $1,000.
- If the offense is classified as a third degree felony, an individual faces up to five years in prison, and up to a $5,000 fine.
- For any offense that is charged as second degree felonies, individuals can face up to 15 years behind bars, and a fine of up to $10,000.
Common sense says the best way to resolve domestic violence charges is to persuade the other side to drop the charges. You may have heard that once the State “picks up” the charge, it doesn’t matter what the alleged victim wants. This is true because the State does have the option to proceed with prosecution with or without the cooperation of the victim.
Does a Non-Testifying Victim Mean Dropped Charges?
In most cases, the prosecution needs a witness to testify in court in order to make their case. If the witness is unwilling to testify, or would rather have the charges against you dropped, it will increase your chances of avoiding a conviction for domestic violence charges but it does not mean an automatic dismissal.
I am Tim Flaherty and I represent clients in Destin, Niceville, Defuniak Springs, and Walton County who have been charged with domestic violence. I will analyze the evidence in your case and present it in a way that will give you the greatest chance of receiving the best possible result. I will also always tell you the truth about your options and where you stand.
At Flaherty Defense Firm, we understand how stressful your situation is. It is our job to help relieve your stress by providing you with the peace of mind you deserve. Call us at 850-654-6097 to schedule your free consultation today.