How Long Can You Go to Jail for Domestic Violence in Florida?

Florida has strict domestic violence laws that allow a judge to send someone to jail for a long time. But just how long you spend in jail depends on the underlying charge.

Domestic violence is always charged alongside another crime, such as domestic violence assault or battery—and even some of these underlying charges can be charged as either a misdemeanor or felony.

If you get charged with a misdemeanor domestic violence charge, you will face up to a year in jail. If the State charges you with felony domestic violence, such as felony domestic violence battery, and the judge sentences you to incarceration, you’d be in prison for at least a year, potentially longer up to the maximum penalty for the charge. 

So, how long can you go to jail for domestic violence? The answer is that it depends on the underlying charge. And remember that getting charged does not mean you are guilty. The State must prove the charges, and the best way to get the strongest defense possible is by working with a skilled, experienced, and knowledgeable lawyer from Moses & Rooth.

At Moses & Rooth, our lawyers are former prosecutors with decades of real courtroom experience fighting for justice. They understand what you are up against and can plan a defense strategy to fit your needs.

How Much Jail Time for Domestic Violence in Florida?

So, how long can you be in jail for domestic violence? The answer is not always straightforward because there are many factors that figure into sentencing.

Domestic violence offenses carry minimum mandatory jail or prison sentences under Florida law. But you are not guaranteed to get only the minimum sentence after a guilty finding. The judge can give you up to the statutory maximum. But, a skilled and aggressive defense lawyer could argue that the court should put you on probation instead of incarcerating you beyond the minimum mandatory jail term. 

According to Florida’s law, the minimum jail sentences for domestic violence are as follows:

• Ten days for a first offense,
• Fifteen days for a second offense, and
• Twenty days for a third or subsequent offense.

The minimum sentences increase if your child witnesses the offense. In those circumstances, the minimum penalties for domestic violence are as follows:

• Fifteen days for a first offense,
• Twenty days for a second offense, and
• Thirty days for a third or subsequent offense.

A child is a person under 16 years of age, according to Florida’s domestic violence laws.

Keep in mind that the above penalties are only the minimum. You could get up to the maximum sentence for the crime charged. For example, you could go to jail for one year for a misdemeanor battery conviction. 

What Is the Sentence for Domestic Violence?

There are additional penalties beyond jail time as well. If you get convicted, Florida’s domestic violence laws require the judge to impose one year of probation and order you to attend and complete a certified batterers’ intervention program. The judge may also order you to complete community service hours or impose other conditions as part of your probation. 

The court can place you on probation instead of a jail or prison sentence beyond the required minimum mandatory sentences.

However, the law authorizes a judge to sentence you to a term of imprisonment greater than the minimum mandatory sentence and put you on probation as well.

In addition to a jail or prison sentence for domestic violence, you could face additional consequences of a domestic violence conviction, including the following:

• Lifetime criminal record,
• Loss of the right to possess a firearm and ammunition,
• Loss of voting rights, and 
• Possible immigration consequences for non-citizens, even if you are here legally.

In short, the consequences of a domestic violence conviction can permanently alter your life. Don’t let that happen without a fight. Call the domestic violence defense lawyers from Moses & Rooth immediately to plan a winning defense strategy.

 
 
 
 
 
 
 
  
 
 
  
10/10 Andrew Moses is a professional hard working lawyer who goes above and beyond for his clients. If you’re scared about the legal system and in a bind look no further he will give you a clear view.
  
 
 
 
  
 
 
 veronica heissner 
 
2023-04-01
 
 
 
  
 
 
  
Paul Ghezzi took his time and listened to my issue AND did exactly what he said he would do. If you want someone who will listen and follow their word, then call Paul.
  
 
 
 
  
 
 
 Jordan Cristwell 
 
2023-03-23
 
 
 
  
 
 
  
Absolutely tremendous staff (Tracy was Great 👍🏾). Attorney Rooth gave me a layout of the charges I was facing and he was able to successfully fight my tickets that would've jeopardized my driving record. Highly recommended. Can't thank ya enough
  
 
 
 
  
 
 
 Emmanuel Rogers 
 
2023-03-23
 
 
 
  
 
 
  
This law firm went on a 2 year roller coaster ride with me. They kept me from going to prison. They got me into rehab. I can say for certain that I am sober and intend to stay this way. Thanks to Mr. Jay Rooth , THE ORLANDO BRIDGE, My family and friends and above all myself. I can finally close this chapter in my life. Thanks again
Moses and Rooth.
  
 
 
 
  
 
 
 robert carlin 
 
2023-02-23
 
 
 
  
 
 
  
A wealth of legal expertise coupled with a make it happen professional attitude is exactly what you get when you hire Attorney Paul E. Ghezzi, Esq., of Moses & Rooth, to represent you. From my initial consultation Paul exuded an air of overwhelming confidence in his ability to get the Court to grant my motion for early termination of probation. Mom always said to me that God gave us all 2 ears to listen twice as much as we talk. Paul did just that, he listened intently to my intricate predicament which is a major attribute in the legal world. Having said that, when he spoke, I hung on every word and the motion was granted. Thank you Paul.

Ladies and gentlemen, to regain your peace of mind in tough legal times, get yourself a magnificently savvy go-getter type of attorney.......Call Moses & Rooth and ask for Attorney Paul Ghezzi. With Paul, failure is NOT an option!
  
 
 
 
  
 
 
 Byrd Risner 
 
2023-02-02
 
 
 
  
 
 
  
Paul Ghezzi, ESQ. represented me for a felony criminal defense case. He was able to get my 2 felonies dismissed & arrived at a plea for a misdemeanor with minimal fine and time served. He spent the time searching through my discovery and watching body cam footage to find my defense. An iron clad one at that That left the prosecution confused on why I was getting the deal of a lifetime. His knowledge on case law, his dedication of time to his clients and his empathy are unmatched. He is even trying to help me find an attorney to help me with a case I have in another state. Above & beyond is an understatement and the retainer was more than reasonable and well worth it. As somebody whose criminal history is as tall as me I have never had a lawyer fight for me, until now. If you find yourself in the position to need a power house attorney, look no further. You found him.

to put this into full view for you, a case I could have done 5 years in prison for and have been sentenced to that for similar cases in the past, he was able to get me time served (for two days I spent in county awaiting bond), less than a $1,000 fine and NO PROBATION. When I have priors. I’m going to say it again, LOOK NO FURTHER.
  
 
 
 
  
 
 
 Ashley Renee 
 
2023-01-28
 
 
 
  
 
 
  
I have hired attorneys in the past and I have to share that I’ve never had an attorney like Paul Ghezzi from Moses & Rooth, Attorneys at Law. Paul kept in contact with us through the entire process. Paul was always available for any questions we had and was always willing to go the extra mile. From my family to you Paul you are more than just attorney your now my friend. You are so much appreciated. Thank you Paul for being you! I strongly recommend this law firm if any of these attorneys give you 50% of what Paul has done for my family you will be in great shape!
  
 
 
 
  
 
 
 Vicente Vigil 
 
2023-01-27
 
 
 
  
 
 
  
I had an excellent experience with Moses and Rooth. From beginning to end I felt I had trusted the right firm. Jay Rooth represented me in my case and having an attorney who was pleasant, professional, and very experienced was everything. During a stressful time, I feel much of the stress was reduced due to the fact I made a good decision going with Jay. What is also important is everyone at this office is fantastic and helpful throughout the process. Many thanks !
  
 
 
 
  
 
 
 Erin Meaney 
 
2023-01-24
 
 
 
  
 
 
  
If I could tell Mr. Jay Rooth a million times how much I thank and appreciate him I would ! After being told by three attorneys that my case was complicated and couldn’t be turned around, I almost gave up but my last attempt to fix my situation was the best decision I could have made ! Mr. Rooth worked so efficiently to help me. His knowledge, confidence, and reassurance is truly unbelievable. He updated me, communicated with me and did not miss a beat ! I will forever be grateful, I’ve been bragging on him ever since our first conversation! 10/10 HIGHLY RECOMMEND !!!!!!
  
 
 
 
  
 
 
 Nastashia Kirkwood 
 
2022-08-20
 
 
 
  
 
 
  
Andrew is an amazing attorney. He really cares about his clients and goes above and beyond. Finding him was a blessing and my family and I will be forever be grateful to him.
  
 
 
 
  
 
 
 Jessy C. 
 
2022-07-11
 
 
 
  
 
 
 
 
   
 
 

What Is Domestic Violence?

What exactly is domestic violence? Under Florida law, domestic violence refers to the crimes of: 

• Assault,
• Aggravated assault,
• Battery,
• Aggravated battery,
• Sexual assault,
• Sexual battery,
• Stalking,
• Aggravated stalking, 
• Kidnapping,
• False imprisonment, or
• An offense that results in physical injury or death of one family or household member against another.

A family or household member refers to

• Spouses,
• Former spouses,
• People related by blood or by marriage,
• People presently living together as if a family,
• People who once lived together as if they were a family, and
• The parents of a child, irrespective if they were never married.

Except for people who have a child together, family or household members must currently live together or have resided together in the past in the same dwelling unit. 

Why You Need a Tough Defense Lawyer for Your Domestic Violence Charges

A domestic violence arrest launches you into the criminal justice system, even if you have no prior criminal record. Many alleged victims later decide that they want to drop the charges, and people often believe that if the victim wants to drop the charges that they will automatically be dismissed. However, that is not the case.

Even if the alleged victim recants their story, the prosecutor is the person who decides if they go forward with the case or not. Florida law requires each state attorney’s office to train prosecuting attorneys in domestic violence cases.

As a result, these lawyers have extensive experience dealing with the difficulties domestic violence cases present. Prosecutors fight vigorously to protect domestic violence victims even when the alleged victim wants the charges dropped, has a fifth amendment privilege not to testify, or does not appear in court.

Typically, the prosecutor will still go forward with the case if there is enough independent evidence, outside of the victim’s statement, to support a guilty verdict. 

With so much on the line, why would you take your chances with an inexperienced lawyer? At Moses & Rooth, our lawyers are former prosecutors who have fought for justice in domestic violence cases as prosecutors and defense attorneys. They understand the complexities of these cases and can help you know what to expect. 

Facing Jail Time For Domestic Violence? Contact Us Today

Call Moses & Rooth at 407-377-0150 for a free consultation. We are always prepared to defend your rights. We’ve handled some of the most complex and difficult cases in Central Florida. Contact our award-winning attorneys today.

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.

Rate this Post

Loading...