When the police arrive at your house in response to a domestic violence call, the situation can immediately feel overwhelming and fraught with potential legal consequences. In Florida, the response to such calls is governed by specific laws and protocols that aim to protect all parties involved while ensuring that justice is served. This article provides a comprehensive guide on what to do when faced with such a critical situation, detailing the relevant Florida criminal statutes, legal definitions, and the gravity of charges you might face. We'll also explore the consequences of a conviction, the steps involved in the criminal justice process in Florida, and why legal representation from a specialized firm like Musca Law, P.A., is crucial in navigating these turbulent times.
Relevant Florida Criminal Statutes and Definitions
Florida law treats domestic violence with utmost seriousness, and the statutes reflect this prioritization. According to Florida Statute 741.28, domestic violence is defined as any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.
The term 'family or household member' has a specific legal definition under this statute, including spouses, former spouses, persons related by blood or marriage, persons presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. For individuals to be considered a family under Florida law, they must either currently live together or have done so in the past.
Classification of the Crime and Escalation to Felony
Domestic violence in Florida can be charged as either a misdemeanor or a felony, depending largely on the circumstances and severity of the alleged incident. Typically, a first offense that involves minor injury or no injury might be classified as a misdemeanor. However, the charge can escalate to a felony under various circumstances, such as the presence of serious bodily injury, use of a deadly weapon, or if the perpetrator has a prior record of domestic violence. Additionally, if the act of domestic violence is committed in the presence of a child, this can also elevate the charges to a more serious level due to the added emotional harm to the child.
Legal Consequences if Convicted in Florida
The consequences of a domestic violence conviction in Florida are severe and can include both immediate penalties and long-term legal implications. For misdemeanors, penalties might include up to one year in jail or 12 months of probation, and fines. Felony charges, however, can result in more significant sentences, including several years in state prison, larger fines, and extended probation periods. Beyond these direct penalties, a conviction can also lead to a loss of certain civil rights, such as the right to carry a firearm, issues with employment, and difficulties in family law matters such as child custody and visitation.
Steps in the Florida Criminal Justice Case Process
The criminal justice process in Florida starts from the moment of arrest and extends through multiple stages that include initial appearances, arraignment, pre-trial motions, trial, and potential sentencing. Each step of this process has significant implications, and the defendant’s rights and future can be substantially affected by how these stages are handled. A defendant will need competent legal representation to navigate pre-trial negotiations, potential plea bargain opportunities, and trial proceedings. Defense attorneys play a crucial role in ensuring that the defendant's rights are protected, presenting evidence favorably, and negotiating with prosecutors to potentially reduce the charges or the severity of the sentence.
Why Choose Musca Law, P.A.?
Musca Law, P.A., is a premier defense firm specializing in domestic violence cases in Florida. With 30 office locations throughout the state and a team of experienced attorneys, Musca Law provides comprehensive legal representation to clients in all 67 counties. We offer free consultations 24/7/365, including holidays, ensuring that we are always available when you need us most.
Call Musca Law 24/7 at 1-888-484-5057
If you or someone you know is facing a domestic violence charge in Florida, do not delay in seeking expert legal help. Contact Musca Law, P.A., today at 1-888-484-5057 to schedule your free consultation. Our experienced attorneys are ready to defend your rights and guide you through the complexities of the Florida criminal justice system.