Can Charges for Domestic Violence Be Dropped in Florida?

Have you ever had an argument with a loved one that spiraled out of control? Unfortunately, for some, these moments can lead to charges for domestic violence. Facing these charges can be incredibly stressful, leaving you worried about your future, relationships, and career. It's important to remember that even if the alleged victim doesn't want to press charges, domestic violence cases are pursued by the state of Florida.

This blog is here to help you understand the legal process and your options, while also acknowledging the seriousness of domestic violence and its profound impact on everyone involved. Whether you're the accused seeking clarity or a concerned loved one wanting to know what to expect, this information is crucial for navigating these difficult circumstances.

What Is a Domestic Violence Charge?

A domestic violence charge in Florida is a formal legal accusation against an individual alleged to have committed acts of violence or threats against a family or household member. This charge is initiated by law enforcement and prosecuted by the state, regardless of the victim's desire to press charges. 

Domestic violence in Florida includes various aggressive or threatening behaviors, such as:

• Physical Assault: Inflicting physical harm intentionally on another person
• Battery: Unauthorized physical contact or the use of force
• Stalking: Persistent following or harassment that causes fear
• Kidnapping: Illegally confining or abducting someone
• Other Criminal Offenses: Acts leading to physical injury or death of a family or household member.

These charges often occur between spouses or domestic partners but can also involve:

• Ex-spouses or partners
• Present or past dating partners
• Co-parents
• Children
• Stepchildren or stepparents
• Foster children or parents
• Anyone sharing a household with the accused

Is a Domestic Violence Charge a Misdemeanor or Felony in Florida?

In Florida, domestic violence charges can be classified as either misdemeanors or felonies, depending on the specific circumstances of the case. Understanding this distinction is crucial as it significantly affects the potential consequences you might face.

Misdemeanor Domestic Violence

• Simple battery or assault against a family member is typically charged as a first-degree misdemeanor
• Punishable by up to one year in jail and a $1,000 fine
• Examples include pushing, slapping, or verbal threats

Felony Domestic Violence

• More serious offenses are charged as felonies
• Third-degree felony charges can result in up to 5 years in prison and a $5,000 fine
• Examples include: 
  •  Domestic battery by strangulation
  •  Aggravated battery (using a weapon or causing serious bodily harm)
  •  Repeat offenses (a second simple battery can be charged as a felony)

It's important to note that even misdemeanor charges can have serious consequences beyond the legal penalties, such as impacts on employment, housing, and custody arrangements.

Can the Alleged Victim Drop the Charges?

Many people believe that if the alleged victim wants to "drop the charges," the case will go away. However, this isn't how it works in Florida. Here's why:

• The state presses charges, not the victim
• Even if the victim recants, prosecutors may still proceed with the case
• Prosecutors often view victim recantation as a common occurrence in domestic violence cases and may be skeptical of such requests

The Consequences of a Domestic Violence Conviction

Understanding what's at stake can help you grasp the importance of your defense. A domestic violence conviction can result in:

• Jail time or probation
• Fines and court costs
• Loss of gun ownership rights
• Difficulty finding employment or housing
• Impact on child custody arrangements
• Mandatory anger management or batterer's intervention programs

How a Criminal Defense Attorney Can Help If You've Been Charged

Given the complexities of domestic violence cases and the potential consequences, it's crucial to work with an experienced West Palm Beach criminal lawyer. Here's how an attorney can help:

1. Case evaluation: Your attorney will review the evidence against you and identify potential weaknesses in the prosecution's case.
2. Protect your rights: Your attorney will ensure your constitutional rights are upheld throughout the legal process.
3. Navigate the legal process: Your attorney will help you understand and navigate the legal process as it relates to your case. This includes managing key stages of the legal proceedings and exploring potential resolutions:
   • Arraignment: Your attorney will represent you at this formal court hearing where the prosecutor decides whether to file charges.
   • Challenging evidence: If the evidence against you is weak, your lawyer will argue that it doesn't justify the charges, which could lead to them being dropped.
   • Exploring alternative programs: While pretrial diversion programs are typically not available for violent offenses, your attorney can explore other possible programs or alternatives specific to domestic violence cases, such as counseling or anger management programs that might be viewed favorably by the court.
   • Plea bargaining: Your lawyer may be able to negotiate a plea bargain with the prosecutor, where you plead guilty to a lesser charge in exchange for a lighter sentence.
   • Prepare a strong defense: If your case goes to trial, your attorney will build a robust defense strategy.
   • Explore all options: Your attorney will help you understand and consider all available legal options to achieve the best possible outcome for your case.

Remember, being charged doesn't mean you'll be convicted. With the right legal representation, you can work towards the most favorable resolution for your case. So, can charges for domestic violence be dropped in Florida? The answer is that while the victim cannot directly drop the charges, an experienced attorney can help you explore options such as demonstrating a lack of evidence or negotiating with prosecutors to potentially reduce or dismiss the charges.

Charged with Domestic Violence? Understand Your Legal Options

If you're facing domestic violence charges in Florida, you're likely feeling a mix of fear, anxiety, and uncertainty. These serious accusations can have a profound impact on your life, relationships, and future. It's crucial to understand your rights and options.

West Palm Beach criminal lawyer Ronald S. Chapman has been representing clients in both state and federal courts since 1990. With over 200 trials under his belt, he brings a wealth of experience to your case. He understands how complex and sensitive domestic violence situations can be for everyone involved.

Facing legal issues can be stressful, but Ron prioritizes clear communication. Fluent in both English and Spanish, he ensures you understand your options and the legal process every step of the way. You won't be left in the dark – Ron will answer your questions and address your concerns openly and honestly.

Remember, being charged with domestic violence doesn't automatically mean you'll be found guilty. Take action now to protect your rights. So don’t waste valuable time searching online for a “domestic violence lawyer near me.” Call Ronald S. Chapman instead at (561) 832-4348 to set up a meeting. Or, if you prefer, fill out our online form and we'll get back to you promptly.

As a solo practitioner with extensive trial experience and decades of legal practice, Ron Chapman is prepared to provide personal, thorough and respectful representation in your domestic violence case. Contact us today to discuss your situation and learn about your legal options and get started on your defense.

Copyright © 2024. Ronald S. Chapman, P.A. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Ronald S. Chapman, P.A.
400 Clematis St., Suite 206
West Palm Beach, FL 33401
(561) 832-4348
https://justiceflorida.com/