Criminal offenses related to domestic violence are commonplace in today’s society. Mr. Carmichael has provided representation to individuals in criminal court, as well as in injunction hearings in civil court.
Florida Statute §741.28 defines domestic violence 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.”
It is very important to understand what “family or household member” means. All of the following meet the definition under Florida Statute§741.28:
- Spouses (wives and husbands)
- Former spouses (ex-wives and ex-husbands)
- Anyone related by blood or marriage who are living together
- Anyone living together as a family, regardless if they are related by blood or marriage – this could include roommates
- Anyone who has lived together as a family in the past
- Anyone who have a child in common, even if they have never been married to one another
The penalties for domestic violence can vary greatly depending on numerous circumstances. The maximum penalties for crimes of domestic violence in Florida typically fall into one of five categories:
- A first degree felony – Punishable by up to 30 years in prison, and/or up to 30 years of probation, and/or a fine up to $10,000
- A second degree felony – Punishable by up to 15 years in prison, and/or up to 15 years of probation, and/or a fine up to $10,000
- A third degree felony – Punishable by up to 15 years in prison, and/or up to 15 years of probation, and/or a fine up to $10,000
- A first degree misdemeanor – Punishable by up to 1 years in the county jail, and/or up to 1 year of probation, and/or a fine up to $1,000
- A second degree misdemeanor – Punishable by up to 60 days in the county jail, and/or up to 6 months of probation, and/or a fine up to $500
While those are the maximum penalties in Florida, it is also important to understand that Florida is one of a handful of States that requires a jail sentence if someone is convicted or adjudicated guilty of a crime of domestic violence; provided certain criteria are met. The minimum jail sentence that is required is in addition to any term of probation that be ordered by the Court. Florida Statute §741.283 outlines the minimum jail sentences as follows:
If the person has intentionally caused bodily harm to another person:
- 10 days county jail – 1st Offense
- 15 days county jail – 2nd Offense
- 20 days county jail – 3rd or subsequent offense
If the person has intentionally caused bodily harm to another person; and the crime of domestic violence took place in the presence of a child under 16 years of age, who is also a family or household member:
- 15 days county jail – 1st Offense
- 20 days county jail – 2nd Offense
- 30 days county jail – 3rd or subsequent offense
When it comes to allegations of domestic violence, more often than not, if law enforcement is called – someone is going to be arrested. Convictions for crimes of domestic violence can result in the loss of certain civil liberties, including your concealed carry rights. Even if you are not convicted and instead receive a withhold of adjudication, you will forever be ineligible to have your record sealed or expunged. This means that if you enter a plea to any domestic violence charge, you will have a criminal record for that offense from that point forward for the rest of your life – with absolutely no exception.
With new laws protecting the rights of victims being enacted each year, it is very important that you have an attorney who is familiar with the law, any changes, and any exceptions. You need someone who will keep you informed and stand up for you. Carey D. Carmichael, Jr. is an experienced trial attorney who will do just that; and more. As a former prosecutor, Carey knows what the State takes into consideration when choosing to prosecute crimes of domestic violence. Carey knows how to put his knowledge and experience to work for you.
Give us a call at 386-269-0440. We are available to you 24 hours a day, 7 days a week.