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A domestic violence conviction in Florida can bring a sentence of: Additionally, individuals convicted of domestic violence are barred from having their criminal record sealed/expunged, resulting in a permanent criminal record. Cohen is a former prosecutor, and can provide an effective criminal defense by planning for and responding to prosecutors' tactics before they are even presented. Cohen for experienced legal help following domestic violence charges. Though feelings of hopelessness can quickly set in following a domestic violence charge, we can help you navigate numerous options.
If you have been charged with domestic violence, false imprisonment, stalking, sexual battery/rape, assault or battery, contact The Law Office of Corey I. Often, your defense is strengthened if the alleged victim drops the charges.
He or she can sometimes influence the decision by requesting that the charges be dropped or by refusing to testify, but this, in and of itself, does not ensure that the case will in fact be dropped.
Where the evidence is sufficient, the prosecution often elects to proceed with cases against the alleged victim’s wishes. Not all battery cases require the testimony of the alleged victim.
Battery is one of the most defendable charges in all of criminal law.
Some of the most common defenses include the following: One of the most pervasive myths in all of criminal law is that the prosecution cannot pursue a charge of battery or battery domestic violence without the consent or cooperation of the alleged victim. The alleged victim does not make prosecutorial decisions.
Florida laws also protect against domestic violence occurring between individuals who currently cohabitate or who formerly cohabitated together in the same household.In all Florida prosecutions, it is a required element of battery that the touching at issue occur without the consent of the alleged victim, or “against the person’s will.” This issue frequently arises in cases where two people engage in a fight, or “mutual combat.” In Florida, ‘mutual combat’ is a recognized battery defense predicated upon both parties assenting to a physical altercation and therefore consenting to be touched as an understood consequence of that altercation. The issue of consent is a jury question, and is examined in light of the surrounding circumstances. In fact, where the allegation is that the touching was against the alleged victim’s will, the existence or extent of injury becomes irrelevant. Simple or misdemeanor battery is classified as a first degree misdemeanor in Florida.Both parties must be at fault, and the defendant must not be the primary aggressor or initiate the fight. Testimony from the alleged victim that he or she did not consent is not required, so long as the state’s evidence can support a jury inference of a non-consensual touching. Thus, the penalties can include up to a year in jail, or a probationary sentence not to exceed one year.For example, a threat of physical harm might become an assault charge, while physical contact or injury might become a battery charge.If a prosecutor can establish one of the aggravating factors set by Florida state laws, the state may pursue a charge such as aggravated assault or aggravated battery, which results in prosecution of the offense as a felony and entails a more severe punishment.