Domestic Violence Criminal Charge Defense Lawyers in New Port Richey, Florida

How to Beat a Domestic Violence Criminal Charge in Florida

Several crimes in New Port Richey qualify as “domestic violence” under Florida law. For example, domestic battery is a common criminal offense related to domestic violence; however, kidnapping, sex crimes, false imprisonment, and stalking all also fall under the umbrella of domestic violence in certain circumstances, as provided under Florida law. Keep in mind that it is the type of relationship that exists between the person accused of domestic violence and the alleged victim, which determines whether domestic violence charges will apply.

If you were charged with domestic violence in New Port Richey, Florida, it is vital that you work with a dedicated and skilled New Port Richey Domestic Violence Defense Lawyer. Contact Musca Law today at (888 484-5057 to learn more about your legal rights and options.

Florida Statistics on Domestic Violence

There are many crimes that are considered forms of domestic violence based on Florida law. To understand the problem of domestic violence and the reason that these crimes are prosecuted aggressively in Florida, it is critical to have an awareness of the Florida Department of Law Enforcement’s data on domestic violence-related crimes. However, while these statistics can prove shocking, it is important to note that many people file claims of domestic violence through the use of misleading, misrepresented, or falsified facts. As such, the statistics often do not paint an accurate picture of the case.

Data from 2018 suggests that the most common domestic violence counts that were reported range manslaughter to simple battery and assault. The associated statistics are provided as follows:

CRIME	NUMBER OF REPORTED INCIDENTS
Total Reported Incidents of Domestic Violence	104,914
Criminal Homicide	196
Manslaughter	19
Forcible Rape	1,783
Forcible Fondling	841
Aggravated Assault	16,000
Simple Assault	83,980 (accounting for 80 percent of all reported incidents of domestic violence)
Aggravated Stalking	160
Simple Stalking	384
Threat/Intimidation	1,551

Many other crimes are considered domestic violence in New Port Richey, Florida, but not all are represented in the above chart (more information in this regard is provided below)..

New Port Richey, Florida: Domestic Violence Statutes and Laws

Under Florida Statute § 741.28(2), the offenses that qualify as domestic violence are as follows:

• Any crime that results in death or physical injury to another person;
• False imprisonment;
• Aggravated stalking
• Kidnapping;
• Sexual battery;
• Stalking (including cyberstalking);
• Battery;
• Aggravated battery;
• Assault; and
• Aggravated assault.

The first category of crimes, “any crime that results in death or physical injury to another person,” includes a variety of different offenses that fall thereunder, as provided in fuller detail below.

Under Florida law, individuals who seek protection under the state’s domestic violence laws must share a household or be members of the same family, which are defined as follows:

• People who formerly shared a common resident as a family;
• People who are related to each other by blood or marriage;
• People who have a child together or children together, whether or not those parties were married;
• People who presently live in a shared space as a family;
• Spouses; and
• Former spouses.

The majority of domestic violence cases in New Port Richey, Florida, involve an alleged perpetrator and an alleged victim(s) who used to live together or currently live together. As noted above, those who share a child or children in common do not need to have shared a home at any time. If you are being charged with a domestic violence-based offense in New Port Richey, contact an experienced New Port Richey Domestic Violence Lawyer to discuss your legal options and learn more about how to protect your rights.

Civil Domestic Violence Injunctions Issued in Pasco County

Domestic violence-based offenses are not just associated with criminal sanctions in New Port Richey, Florida. Specifically, alleged victims can seek what is known as a protective order, which is also called orders of protection in Florida, or could be referred to as a restraining order, or simply an injunction. By any name, these are civil orders issued as a remedy that imposes certain restrictions and requirements on the individual subject to the order in order to protect the person alleging violence from further acts or threats of violence.

Per Florida Statute § 741.30, a person who is allegedly a victim of domestic violence may file a document called a petition with the court. In that petition, the alleged victim, who is called the “petitioner,” must state facts pertaining to what he or she claims occurred, and those facts must be enough to satisfy the legal requirements necessary to prove that an injunction is warranted. The petitioner is able to file the documents if he or she is the supposed victim but can also file such documents on behalf of a minor who is an alleged victim as well. In New Port Richey, this process is relatively simple, and yet it is necessary that the petitioner meets the requirements and allege the necessary facts in order to have the court grant the petition.

The facts contained within the petitioner’s filings must adequately state a claim that the person at risk of being a domestic violence victim. The petition must be signed in front of a notary, and lying on the petition can lead to claims of perjury against the person who signed the document. The claims made must be adequate to show that the person qualifies to have the petition entered under Florida law, as long as the statements contained within the document are accurate and true. Again, falsifying claims on the petition can lead to criminal sanctions against the petitioner.

Oftentimes, a presiding judge in a domestic violence injunction matter often grants what is known as a temporary injunction in order to protect the petitioner from violence or threats of violence until such time when the hearing is held in the matter, which is typically set for fifteen days following the temporary order being entered or the petition being filed.

After the petition was filed, and the temporary order was possibly entered (keep in mind that the judge has the discretion to schedule a final hearing yet deny the temporary injunction), the person who is accused of violence, who will be referred to as the respondent, will be formally served a copy of the temporary injunction order, along with supporting documents such as the petition, and notice of the final hearing’s date and time. Once the respondent received notice, he or she must promptly seek out the services of a knowledgeable New Port Richey Domestic Violence Defense Lawyer who, in many cases, will move to postpone the hearing so that he or she can develop a strategy for the hearing.

At the time of the hearing, both the respondent and petitioner have the chance to present supporting evidence, which may include, without limitation, documentation such as text messages, phone logs, photographs, and handwritten letters. The parties can also have witnesses testify on their behalf and can cross-examine them during the hearing. Once the final hearing is complete, the judge is tasked with determining whether a permanent injunction should be issued against the respondent. If the injunction is ordered, the respondent is legally bound by the terms of the order and will face criminal charges for any violation of those terms.

What Happens After a Person is Placed Under Arrest for Domestic Violence in New Port Richey, Florida

Florida takes allegations of domestic violence very seriously. If a person is accused of domestic violence in New Port Richey, then that individual accused and placed under arrest will typically be held in custody. The accused may be kept in custody for 24 hours, and sometimes longer until it is possible to hold an initial hearing. This is done as a way to protect the alleged victim from additional harm, but it does not mean that the allegations are true or that the alleged abuser is guilty.

Next, the person detained will be subject to what is known as a “No-Contact Order.” This is likely to occur even when claims raised against him or her are misleading, exaggerated, mispresented, or completely false. No-Contact Orders dictate that the alleged offender must not engage in any verbal or physical communication or contact with the alleged victim. Per Florida Statute § 741.29(6), violations of No-Contact orders are criminal offenses. If you were accused of domestic violence, and a No-Contact Order was entered against you in New Port Richey, Florida, it is critical that you reach out to an experienced New Port Richey Domestic Violence Defense Lawyer as soon as possible in order to learn about the defenses that may be applicable in your case.

Domestic Violence Battery and Associated Penalties in New Port Richey, Florida

Domestic violence battery, also referred to as domestic battery, is considered a serious criminal offense that can cause an alleged offender to face time in jail and steep fines. In cases of simple domestic violence battery, charges are categorized as first-degree misdemeanors, which means that the alleged offender, if convicted, will be placed in jail for up to one year and be forced to pay a monetary fine not greater than $1,000. Aggravating factors can also apply in one’s case (such as the use of a weapon to commit the offense). If the charges include an aggravating factor, then the accused person can face aggravated battery, which will lead to a possible face prison five-year sentence in a state penitentiary and the requirement to pay a fine of no greater than $5,000.

In addition to fines and time in jail, there are further consequences associated with a conviction for domestic violence battery, that apply whether the offense was charged as a felony or misdemeanor. These include the following:

• Mental health counseling at the offender’s sole expense;
• Probation;
• Being subject to the terms of a domestic violence protective injunction;
• The completion of community service hours;
• A minimum term in jail of five days if the individual is found guilty of domestic violence and he or she inflicted bodily injury upon the victim(s);
• Mandatory attendance at a 26-week long Batterer’s Intervention Program;
• Financial restitution; and
• The loss of one’s Second Amendment rights.

Hiring a skilled New Port Richey Domestic Violence Attorney is critical if the accused wants to avoid the above-referenced consequences. While no lawyer can guarantee a given result in a domestic violence case, an experienced attorney can help you to create the strongest defense case possible, which could mean that the charges could be reduced (such as a felony reduced down to a misdemeanor) or an outright dismissal of the case.

Domestic Violence Offenses in New Port Richey, Florida

As noted previously, there are a variety of offenses that qualify as domestic violence in Florida, so long as the parties to the case are family or household members. Such crimes are as follows:

CRIMINAL CHARGE	STATUTES
Violent Crimes
Aggravated Domestic Battery with Serious Bodily Injury	F.S. § 741.028(2); F.S. § 784.045
Aggravated Domestic Battery with Use of a Deadly Weapon	F.S. § 741.028(2); F.S. § 784.045
Domestic Battery by Strangulation	F.S. § 741.041(2)(a)
Aggravated Battery on a Pregnant Victim	F.S. § 784.045(1)(b)
Assault or Battery on Person Over the Age of 65 Years Old	F.S. § 784.08
Violation of a Domestic Violence Protective Injunction	F.S. § 741.30
Violation of a Dating Violence Injunction, Repeat Violence Injunction, or Sexual Violence Injunction	F.S. § 784.046
Violation of a Stalking Injunction	F.S. § 784.045
Stalking, Aggravated Stalking, and Cyberstalking	F.S. § 784.048
Kidnapping, Kidnapping Child Under Age 13, and Aggravated Kidnapping	F.S. § 787.01
False Imprisonment, False Imprisonment of Child Under Age 13, and Aggravated False Imprisonment	F.S. § 787.02
Homicide/Murder, and Attempted Murder	F.S. 782.04
Manslaughter, Aggravated Manslaughter of an Elderly Person or Disabled Adult, and Aggravated Manslaughter of a Child	F.S. § 782.07
Weapons and Firearms Offenses	F.S. § 790
Abuse and Neglect of Children
Child Abuse, Aggravated Child Abuse, Child Endangerment, and Child Neglect	F.S. § 827.03
Newborn Infants, and Treatment of Surrendered Newborn Infant (not a crime if the infant is surrendered to emergency personnel)	F.S. § 827.035; F.S. § 383.50
Contributing to the Delinquency or Dependency of a Child	F.S. § 827.04
Nonsupport of Dependents	F.S. § 827.06
Sexual Performance by a Child	F.S. § 827.071
Unlawful Desertion of a Child	F.S. § 827.10
Sex Crimes and Lewd/Lascivious Behavior
Sexual Assault/Sexual Battery, Forcible Rape	F.S. § 794.011
Lewd or Lascivious Offenses Committed Upon or in the Presence of Persons Less than 16 Years of Age, including Forcible Fondling	F.S. § 800.04
Human Trafficking	F.S. 787.06
Offenses by Adult Involving Minors, Intent of Legislature in Prosecuting Such Offenses	F.S. § 796.001
Forcing, Compelling, or Coercing Another to Become a Prostitute	F.S. § 796.04
Abuse, Neglect and Exploitation of Elderly Persons or Disabled Adults
Abuse, Aggravated Abuse, and Neglect of an Elderly Person or Disabled Adult	F.S. § 825.102
Lewd or Lascivious Offenses Upon or in the Presence of an Elderly Person or Disabled Person	F.S. § 825.1025
Exploitation of an Elderly Person or Disabled Adult	F.S. § 825.103
Injunction for Protection Against Exploitation of a Vulnerable Adult	F.S. § 825.1035
Violation of an Injunction for Protection Against Exploitation of a Vulnerable Adult	F.S. § 825.1036
Other Crimes
Death Resulting from Apparent Drug Overdose and Reporting Requirements	F.S. § 893.0301
Poisoning Food or Water	F.S. § 859.01
Desertion, Withholding Support, and Proviso	F.S. § 856.04
Depriving Crime Victim of Medical Care	F.S. § 843.21
Perjury by Contradictory Statements	F.S. § 837.021
False Reports to Law Enforcement Authorities	F.S. § 837.05
False Information to Law Enforcement During Investigation	F.S. § 837.055
False Official Statements	F.S. § 837.06
Verbal or Written Threats and Extortion	F.S. § 836.05
Written Threats to Kill, Do Bodily Injury, or Conduct a Mass Shooting or an Act of Terrorism	F.S. § 836.10
Threats	F.S. § 836.12
Tampering with a Witness	F.S. § 914.22
Culpable Negligence	F.S. § 784.05
Trespass in Structure or Conveyance	F.S. § 810.08
Trespass on Property Other Than Structure or Conveyance	F.S. 810.09
Obstructing Justice	F.S. § 843
Bigamy, and Incest	F.S. § 826

Defenses that May be Applicable in a New Port Richey, Florida Domestic Violence Case

Domestic violence charges can lead to serious repercussions, irrespective of whether they are completely false, misleading, misrepresented, or exaggerated. If this is the case, then a seasoned New Port Richey Domestic Violence Defense Lawyer will seek a complete dismissal of the charges. There are additional reasons why a domestic violence matter might qualify for dismissal. Potential defenses are as follows:

• The constitutional rights of the alleged offender were violated;
• Consensual confrontation or mutual combat;
• Lack of enough evidence in a case in order to secure a conviction;
• Evidence showing that the alleged victim is vindictive/seeking to gain an advantage in another case such as a family law proceeding;
• Stand your ground;
• Defense of others;
• Defense of self;
• Defense of property; and
• Evidence showing that the alleged victim did not suffer bodily harm.

A defense strategy in one’s case depends upon case-specific factors, including, without limitation, the criminal background of the accused (if applicable), the prosecutor’s case and strength of the evidence, and the nature of the claims.

Contact the New Port Richey Domestic Violence Defense Attorneys Musca Law Today

If you were charged with any acts of criminal domestic violence in New Port Richey, you should not approach your case alone. Domestic violence charges, as provided above, are associated with serious consequences that can affect your life for years to come. At Musca Law, our skilled team of New Port Richey Defense Lawyers has over 150 years of collective legal experience representing those charged with all types of domestic violence-based offenses. Don’t wait to secure competent legal counsel; call Musca Law today at (727) 480-9675. We are available 24/7 to take your call.

Musca Law

8520 Government Dr STE 5
New Port Richey, FL 34654
Phone: (727) 480-9675
Hours: Open now:  Open 24 hours
788G+GQ New Port Richey, Florida