Domestic Violence Defined

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.”  In addition to this broad definition, there is an even wider definition for the definition of a family or household member.  Under the same statute, a family or household member can consist of:

• Spouse
• Former spouse
• Persons related by blood and marriage
• Persons who are residing together as a family or if they have resided together as a family in the past
• Persons who have a child in common, even if they are not married.

Battery is defined as an unlawful application of force directly or indirectly upon another person or their personal belongings, causing bodily injury or offensive contact. The attempt to commit a battery is assault. An assault is a verbal statement or physical act that threatens infliction of offensive physical contact or bodily harm to a person (as by lifting a fist in a threatening manner) that puts the person in immediate danger of or in reasonable apprehension of such harm or contact. Sexual Battery often refers to nonconsensual sexual contact or touching of another’s intimate parts (clothed or unclothed) without consent or against the victim’s will, or when the act is perpetrated against a minor under the age of consent (18 in Florida).

There are different types of penalties for domestic violence in Tampa.  Under Florida statute 741.281, the court must order a minimum term of 1 year of probation and the defendant has  to complete a batterer’s intervention program.

Statute 741.283 lays out the minimum terms of prison time for perpetrators of domestic violence if the person causes bodily harm to another person. Those terms are:

• Minimum of 10 days in county jail for the first offense
• Minimum of 15 days for a second offense
• Minimum of 20 days for subsequent offenses.

In addition, the law dictates the following terms of prison time if the domestic violence takes place in the presence of a child under 16 years old and is a family member as defined above:

• Minimum of 15 days in county jail for the first offense
• Minimum of 20 days for a second offense
• Minimum of 30 days for subsequent offenses.

It is also important to note that in these cases, the court can use its discretion to add on more prison time if it feels necessary to do so. The above terms are the minimum terms of imprisonment.

Why Choose Us?

There are many lawyers out there, and you should choose one who makes you feel comfortable and can give you the specific guidance you need. At Taracks & Associates, we believe that every person accused deserves a skilled Tampa domestic violence charges lawyer to fight for their freedom. We lend our experience and backgrounds to helping each of our clients get the best possible outcome to their case. Some reasons why you should choose an attorney from our firm as your Tampa domestic violence attorney is:

• We have a winning record of great outcomes for our clients. Read about some of our case results.
• Our clients are very grateful for our legal support. Read what our clients have to say.
• We know the courts, the system, and the prosecutors, and that the state must prove to show that you are guilty beyond a reasonable doubt.
• We know how to investigate your case, gathering evidence and interviewing witnesses to build your defense.
• We have extensive trial experience in Florida’s criminal courts.
• We are experienced with several defenses we can utilize on your behalf to raise the reasonable doubt to preclude a conviction on your charges.
• Our lawyer has served as lead attorney in hundreds of jury trials in criminal matters.
• We understand trial procedures from both sides of the courtroom.
• Barry Taracks has experience as a former prosecutor.
• We know how to present a case effectively and persuasively before a judge and jury.
• Our firm’s attorney is licensed to practice in both state and federal court.
• We always keep your best interests in mind, as well as the best interests of your family.
• We know how to look for mistakes by the prosecutor that work in your favor and how to negotiate for a dismissal or lesser offense.

What a Tampa Domestic Violence Defense Attorney Can Do For You.

You may be thinking that you will defend yourself in your domestic violence case. While it is perfectly legal to do so, not having a qualified and experienced domestic violence defense lawyer on your side could have devastating consequences.  Here are some ways an attorney with domestic violence experience will help you:

• Initially meet with you to discuss your case.
• Speak to the prosecutor and judge on your behalf.
• Negotiate with the prosecutor to keep you out of jail or get you a lesser time in jail.
• Make sure that your rights are being upheld by the court.
• File any necessary documents with the court in a timely and correct fashion.

Being charged in a domestic violence case in Tampa is a very serious crime and the punishment can be severe, either with jail time or financial repercussions. You should not go into court without having a domestic violence defense lawyer on your side.  So, give Taracks & Associates today at 813-990-0599.  We offer free initial consultations to all of our new clients.

OUR DOMESTIC VIOLENCE DEFENSE ATTORNEY IN TAMPA HAS ANSWERS TO COMMON QUESTIONS OUR CLIENTS ASK

FAQs About Domestic Violence Charges in FL.

When you face serious domestic violence charges, you are bound to be worried and have questions and concerns. The best way to deal with them is through your free consultation. You may want answers to some questions before you meet with us. To get you started, here are some answers to questions our domestic violence charge attorneys are often asked.

WHAT ARE DOMESTIC VIOLENCE INJUNCTIONS IN FLORIDA?

An injunction is a type of restraining order that a person can file against their spouse or significant other if there was violence or threat of violence.

WHEN IS DOMESTIC VIOLENCE A FELONY?

In Florida, a domestic violence crime may be charged as either a felony or a misdemeanor depending on the specifics of the crime, including how severely the victim was harmed and whether the abuser has a criminal record or a history of domestic abuse. If there was no physical injury, charges are likely to be misdemeanor charges.

WHAT IF IT’S MY FIRST-TIME DOMESTIC VIOLENCE CHARGE?

A first-time domestic violence charge in Florida is probably a first-degree misdemeanor, and a conviction carries the potential of up to one year in jail and a fine of $1,000.

ARE THERE TIME LIMITS TO FILING DOMESTIC VIOLENCE CHARGES?

According to Florida law (Fla. Stat. § 775.15), the statute of limitations is decided by offense level. For example, if the offense is a second-degree felony, such as aggravated battery, the deadline for filing is three years.  If the offense is a first-degree misdemeanor, such as simple assault, the time limit for filing is two years.

Our Tampa domestic violence charge defense lawyers are available to answer all your questions, call Taracks & Associates today at 813-990-0599. When you have us on your side, we will be there for you throughout the entire legal process, keeping you advised of what is happening and addressing your concerns.