Criminal Defense For Domestic Violence Arrests
Under Florida Law, the legislature has provided a plethora of ways to charge someone with under the larger category of domestic violence offenses. Generally assault (the threat of physical contact/force) and battery (unwanted physical contact) are the most commonly charged types of misdemeanor domestic violence cases.
However, as police and prosecutors get more creative in their charging felony level crimes, we have begun to see additional charges as well.
Domestic Violence Charges: Aggravated Assault vs. Simple Assault
If a deadly weapon or firearm is involved, the charge becomes a felony.
Domestic Violence Charges: Aggravated Battery vs. Battery
Generally speaking, the difference is based on the injuries of the victim or if they fall into a protected class of citizenry.
Domestic Violence by Strangulation vs. Domestic Violence Battery
In my experience in dealing with these case, I can tell you that the factual differences are usually minor, but if the alleged physical contact took place around the head or neck region, that is all the officer needs in order to preliminarily assert that they have probable cause for Domestic Violence by Strangulation, which is a serious felony.
Violation of Domestic Violence Injunction or Protective Order vs. Violation of No-Contact Order
The former is a common charge that is brought along with a Battery arrest, or sometimes subsequent to the initial arrest, but during the pendency of the Battery case—as it proceeds through the court system.
If an alleged victim believes they need more legal leverage against a defendant beyond the basic no-contact order (which is a bond condition of the Battery case), then they will opt for a restraining order. Once that “protective” order is in place, any contact, whether directly or indirectly could result in not only a bond revocation, but additional charges. (This is another good reason to hire an attorney and ALWAYS challenge the hearings related to Domestic Violence (DV) injunctions.)
Other Domestic Violence Related Charges
Tampering with a Witness
Obstructing Justice and/or Tampering with Evidence
Resisting Officer, Obstructing Officer (by Impeding Criminal Investigation)
Kidnapping and False Imprisonment
If you or a family member has been arrested on domestic violence charges, give Lupella & Rehr a call at (850) 362-6655 for a free consultation.
We help individuals and families in the communities of Fort Walton Beach, Destin, Sandestin, Santa Rosa Beach, Navarre, Niceville, Mary Esther, Crestview, Defuniak Springs and throughout Okaloosa County, Walton County, and Santa Rosa County.