Domestic Battery is taken very seriously in Tampa Bay, and all of Florida. So much so that the Legislature has created special laws to address these situations. Domestic violence is typically a cycle of abuse that often escalates. Because of the relationships of the victims and the defendants, prosecutors are less likely honor a victim's request not to prosecute. The prosecutor - not the victim - has the sole discretion on whether to pursue the charges.
In accordance with Florida Statute 741.29, officers are encouraged to identify the primary aggressor in any domestic violence situation, and arrest that person. Officers are discouraged from arresting both parties, or no one at all. In some cases, an arrest might be made to simply diffuse the situations, but the prosecutor may keep the charges. Florida Statute 741.2901 requires that anyone arrested for domestic battery be held in jail until the judge can determine bond at the first appearance. The judge will consider many things in determining a bond amount, including safety of the victim and any children in the home.
By statute, the judge is required to impose a minimum of one year of probation and the condition of completion of a domestic batterer intervention program - even if adjudication is withheld. A first time simple domestic battery charge is a first-degree misdemeanor, punishable by up to one year in jail, one year of probation, fines and court costs. If convicted of domestic battery, there is also a mandatory five day jail sentence. Domestic Battery is also an enhanceable offense, meaning that a second or subsequent offense raises the charge from a misdemeanor to a third-degree felony, punishable by up to five years in state prison.
Have you been charged with domestic battery in Tampa Bay? A criminal defense lawyer from The Lawler Firm can help.
Domestic Battery cases can be defended in several different ways, depending on the circumstances. A Tampa Bay domestic battery criminal defense attorney can discuss your options based on the facts of your case.
If you have been charged with domestic battery, call The Lawler Firm now for a free no obligation consultation. You will speak to your actual domestic battery criminal defense attorney who will meet with you, even on evenings and weekends. Call Now (813) 431-4470!