Defending Your Rights
Domestic Battery
When you are arrested for Domestic Battery in Jacksonville, you need an aggressive criminal defense attorney who will thoroughly investigate the issues in your case. Our domestic battery attorney will explore self-defense claims, examine the relationship of the parties involved, review the steps the police took in their investigation, review witnesses statements and re-interview witnesses, and collect evidence the police didn’t.
When you are arrested for Domestic Battery in Jacksonville, the charges can have serious consequences, including mandatory jail time. The police often tell the parties involved that at least one person has to be arrested when they are dispatched to a domestic dispute in Jacksonville. Law enforcement usually makes this judgment based on only one person’s word. Most of the time, they will arrest the person that didn’t call the police during the dispute. Because of this, people may be arrested that don’t deserve to be arrested. Many times, the “man of the house” rides to jail simply because of an argument.
If you are convicted of Domestic Battery, you can be considered a risk to future employers as well as be denied access to certain places, including the port. Anyone with a Domestic Battery conviction is usually prevented from coaching youth sports and your ability to purchase a firearm is also jeopardized.
To be convicted of Domestic Battery in Jacksonville, the state attorney’s office has to prove that you intentionally touched someone against their will or intentionally hurt someone. In order to be a “domestic” battery, the” someone” that is touched or harmed has to be a family or household member. This includes spouses, former spouses, people related by blood or marriage, people living together as if a family or have ever lived together as if a family, and people who have a child in common.
If you are convicted of Domestic Battery under Florida law, there are certain minimum punishments. There is a five day county jail sentence as well as a requirement that you complete the Batterers’ Intervention Program. The five day jail sentence can be waived through negotiations, but the Batterers’ Intervention Program usually cannot. This is a domestic violence prevention program that takes 26 weeks to complete. You will have to attend the classes once a week and complete homework to the satisfaction of the Salvation Army, which is the entity that conducts these classes. You can be removed from the program for several reasons, including excessive absences, non-participation, or even inadequate homework. In order to assure you complete the batterers’ program, the judge will put you on domestic battery probation. If you are removed from the program, that will violate your probation and you will be facing a domestic battery violation of probation in Jacksonville.