Florida maintains comprehensive domestic violence laws that address various offenses involving individuals in a familial relationship. Domestic violence offenses are serious crimes in Florida, and the penalties often include jail time; however, in certain circumstances, securing a probationary sentence is possible. Ultimately, the specific outcome of a domestic violence case depends on the unique facts and circumstances of the event. If you have been arrested and charged with this offense and are wondering if you can get probation for domestic violence, you should consult an experienced criminal defense attorney to discuss your rights, defenses, and what can be done to help ensure the best possible chance of success.
What Is Domestic Violence in Florida?
Florida’s domestic violence law is designed to address and prevent domestic violence issues within the state. The law defines domestic violence as any violent or abusive behavior between family or household members, such as acts that amount to assault, battery, stalking, and harassment.
Penalties for Domestic Violence Conviction
Under Florida law, the penalties for domestic violence can include incarceration, probation, fines, mandatory programs, and restraining orders. Typically, if you are convicted of a misdemeanor domestic violence offense, such as simple assault or battery, you may face up to 1 year in county jail, fines of up to $1,000, and probation involving mandatory intervention programs.
If you have been convicted of a felony domestic violence offense, you may face longer prison sentences and more significant fines. Moreover, violating a probation or restraining order can result in additional consequences. Also, a domestic violence conviction can result in a loss of firearm rights and a permanent criminal record.
Can You Get Probation for Domestic Violence?
Florida has various sentencing options for domestic violence offenses, including probation. However, the likelihood, length, and terms of probation depend on multiple factors, including the nature of the crime, the accused’s criminal history, the experience and skills of the accused’s criminal defense attorney, and judicial discretion.
What Is Probation for Domestic Violence?
Probation for domestic violence is a legal sentence that courts impose as an alternative to incarceration. Florida courts can order a “split sentence,” which involves sentencing the offender to a term of incarceration and the remainder on probation. In other cases, an individual may be eligible for probation as a form of supervised release after completing their jail or prison sentence.
Probation can entail various conditions and stipulations depending on the specific case.
Treatment Programs
Domestic violence probation conditions often require the accused to attend mandatory treatment programs such as counseling, anger management, or batterer’s intervention.
No Contact Orders
Courts may issue restraining or no-contact orders that prevent the accused from contacting the victim.
Mandatory Check-Ins
Those on probation for domestic violence must regularly check in with a probation officer to ensure compliance with the conditions of their probation.
Community Service
Courts may require the accused to perform a certain number of community service hours. Various factors are analyzed in determining community service placements, such as the needs of the community, logistical considerations, and the objectives of the court.
Financial Penalties
Those on probation for domestic violence in Florida are often required to pay court fines and restitution to the victim to cover expenses related to the incident. The length of probation can vary from months to years.
Getting the Best Possible Probation Sentence
Probation for domestic violence is not a statutorily guaranteed outcome. In some situations, the court may forgo probation and impose jail or prison sentences instead. An experienced Florida criminal defense attorney can be vital in securing the best outcome for an individual facing domestic violence charges.
Attorneys can help their clients secure a reasonable probation sentence by identifying weaknesses in the government’s case and asserting viable defenses. Further, attorneys with strong negotiation skills can get their client’s charges reduced, which can result in favorable plea bargains and lower probation periods. Domestic violence attorneys often achieve these outcomes by preparing pre-sentencing reports, asserting strong mitigation strategies, and advocating on behalf of their clients during trials, appeals, or post-conviction methods. Florida maintains harsh penalties for domestic violence offenders, and an attorney is crucial in navigating this complex area of criminal law.
Are You Facing Domestic Violence Charges in Florida?
If you were recently arrested for a domestic violence crime in Florida, it’s essential that you consult an experienced defense attorney as soon as possible. At the law firm of Moses and Rooth, we have more than 36 years of hands-on experience handling complex, high-stakes domestic violence cases on behalf of our clients. We routinely litigate these cases in front of judges and juries, seeking the best possible result in each case we handle. To learn more, and to schedule a free consultation today, give Moses and Rooth a call. You can also connect with one of our Florida domestic violence defense lawyers by completing our online contact form.
Andrew Moses
Andrew has been practicing criminal law his entire career. After graduating from law school he began working as an Assistant State Attorney prosecuting cases in Orange and Osceola Counties. During his time as an Assistant State Attorney, Andrew handled all types of cases ranging from misdemeanors to such serious felonies as drug trafficking and armed robbery. His experience as a prosecutor helped him gain perspective of the criminal justice system and how the government established its cases.
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