Defense Attorney Prevents Prosecution of Battery Charge
Charges DROPPED!The Charges
The Police responded to a domestic disturbance call. The victim, the Defendant’s girlfriend, claimed she was struck by her boyfriend during an altercation. The Officer arrested the Defendant and charged him with Domestic Battery.
Domestic Battery
Domestic battery in Florida is defined as any unlawful touching of a person that is family. Family members include:
- Husbands or wives
- Individuals related by marriage or blood
- Ex-spouses
- People that have a child in common
- Individuals currently living together as a family
- People who have lived together before as a family
Domestic battery is a first-degree misdemeanor. Penalties include up to one year in jail, up to one year of probation, and a fine of $1,000. Mandatory penalties will also be put into place, including community service hours and an imposition of a no-contact order. The accused will also be required to participate in a 26-week Batterer’s Intervention Program (BIP).
Batterer’s Intervention Programs
A batterer’s intervention program is an intensive program that was designed by the Florida Department of Children and Families. An initial assessment will be done on the accused, which will allow the Department of Children and Families to see if the accused needs mental health services. They will then attend an orientation program, followed by 26 weeks of group sessions.
The accused will also need to sign a contract stating that they are responsible for their own acts and that they agree to adhere to the program rules. If they do not, they may be dismissed from the program.
If the defendant does not complete the entire course, they are violating their probation. A violation of probation (VOP) will cause an arrest warrant to be put out for them. Once they have been arrested, they will most likely be given more jail time. Failure to complete all sessions could result in termination of the program.
Domestic Battery Attorney
At Musca Law Firm, we know that domestic battery charges can be complicated. And with every charge, there are two separate sides of the story. We will ask you questions about your case to get all the facts straight so that we can build an effective defense strategy based on the specifics of your case and circumstances. We have handled many domestic battery cases with great success and are ready to take on your case. For our clients’ convenience, we have offices in multiple cities throughout the state of Florida, and we answer our phones 24/7 so that we can be available when you need us. Don’t hesitate to call us today at (888) 484-5057 to arrange a free initial consultation with one of our experienced attorneys.
RESULT: Domestic Battery is a serious misdemeanor crime with mandatory sentencing by law. The Musca Law Defense Attorney immediately consulted with the Prosecution over the details of the case. The Client lived out of State, and so the Attorney arranged a waiver of the Client’s appearance. The quick actions and persuasion of the Defense led to the State DROPPING all charges against the Client. The Client is now eligible to have his record expunged.