Domestic violence is a broad term encompassing various types of domestic crimes ranging from domestic violence battery, which is a first-degree misdemeanor, to a domestic violence related murder, which could be a capital crime and involve life without parole or even the death penalty.
Domestic violence involves crimes against someone you are a close relative of, someone you are an intimate partner with or had a prior intimate relationship with. A domestic violence victim may be your mother, your father, your girlfriend, or even a roommate.
Differences in a battery crime and a domestic violence battery crime are that in a non-domestic violence crime there are no mandatory minimums in sentencing. Domestic battery crimes may include mandatory minimum periods of incarceration. With domestic battery crimes, you will not be able to have your criminal records sealed or expunged. You’ll also be ordered to complete the batterers intervention program, which lasts 26 weeks.
There are many types of domestic violence crimes and accordingly, each domestic violence crime will have its own mandatory minimum jail or prison terms. Prosecutors take domestic violence crimes extremely seriously and will often try to skew evidence to trigger enhancements to the alleged domestic violence crime to seek higher degrees of misdemeanor or felony charges.
If you are accused of a domestic violence crime, you should take it very seriously and seek the legal advice and representation of experience to legal counsel who will aggressively fight to protect your legal rights and freedoms.
Michael S. Brown, Esquire has been an attorney in the Orlando area for over 13 years. He was a prosecutor for over 5 years with the State Attorney’s Office in Orange and Osceola County. There, he handled misdemeanor cases, juvenile cases, felony cases, felony violations of probation, and litigated over 20 jury trials.
Mr. Brown left the State Attorney’s Office to become a civil litigator in the areas of foreclosure, breaches of contract, and insurance defense. He has practiced in Courts throughout the State.
Mr. Brown is admitted to practice in every Court in the State of Florida. He is a member of the Florida Bar and all 3 federal courts in Florida.