TAMPA CRIMINAL DEFENSE ATTORNEY
SENIOR PARTNER AT NELSON, BISCONTI AND MCCLAIN, LLC
FLORIDA DOMESTIC VIOLENCE
Florida Statute 741.28 (Domestic Violence; definitions).
"Domestic Violence" means 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.
Husband-wife, boyfriend-girlfriend, father-son, mother-daughter, brother-sister. As my father used to tell me when my brother and I used to fight, you always hurt the one you love. Its almost common knowledge that most violent crime occurs between people who know one another, like people who live together. Anger management issues also cross the socio-economic spectrum, often fueled by alcohol, drugs or both. While there are some misdemeanor domestic violence cases that are ridiculous and should never have led to arrest, there are plenty that are truly dangerous situations. Unfortunately, many domestic violence cases involve weapons or attacks on pregnant women or the elderly. These coupled with cases involving great bodily injury cause these incidents to escalate to either 3rd, 2nd, or even 1st degree felonies whose penalties stretch from five years (5) to thirty years (30) in prison. I've prosecuted and defended these cases many times over my thirty-three (33) years. My experience is what you need to help you through these difficult times.
Why you need a Tampa Bay Domestic Violence lawyer for your case:
Domestic violence convictions can be a red flag to potential employers who may be looking to hire you. Even without knowing the facts of the case, potential employers often see these charges as the effect of underlying anger issues. Having an experienced defense lawyer on your side to help you with defending the charges against you can make a profound difference in your future chances of employment.
The court will automatically impose a "no contact" provision if you do not have a lawyer present within 48 hours of your arrest.
Your Florida arrest and prosecution can be used against you in any custody hearings that you attend.
The state of Florida funnels all domestic violence cases into a separate division set up specifically for litigating Domestic Violence cases. It is important to have someone representing your side of the story as you fight these allegations.
Pleading "no contest" to domestic violence charges in Florida can lead to serious penalties such as lengthy incarceration, completion of a Family Violence Intervention Program, community service hours, and restraining orders prohibiting all contact with the alleged victim.
A plea of guilty or no contest shall also prevent you from getting your record of arrest sealed or expunged.
Domestic violence charges in Florida usually come in the form of:
Domestic Violence Assault and Battery Cases
Violation of Domestic Violence Injunctions
Sexual Assault and Sexual Battery
Aggravated Assault and Battery (generally), on a pregnant woman or an elderly person
Several penalties can accompany these charges, including:
County jail on misdemeanor charges / Florida state prison on felony charges
No return to your place of residence
Contact cut off between you and your spouse/children
Anger management classes/courses
The details surrounding a domestic violence case in the state of Florida can throw you immediately into a confusing and tiring process of trying to navigate the Florida legal system on your own. Dealing with "no contact" restraining orders, facing incarceration, family issues, and other circumstances is a difficult task for anyone who is not educated and experienced in dealing with such processes. Contact Attorney Richard Bisconti immediately by cell phone at (813) 404-2013.