Are you being charged with domestic violence in Polk County, FL? It can disrupt your entire life. Contact a Polk County domestic violence lawyer at Thomas C. Grajek, Attorney At Law, to schedule a consultation. You can call us at (863) 688-4606.
Even if you aren’t convicted, just accusations can change the way people view you, affect child custody issues, and even have an impact on your job or housing–and that’s not even mentioning the possible criminal consequences you face if convicted.
Because of the potential repercussions, it’s important to contact a Polk County criminal defense lawyer as soon as possible.
How Thomas C. Grajek, Attorney At Law, Can Help If You’re Arrested For Domestic Violence
If you’re facing domestic violence charges in Polk County, FL, reaching out to a criminal defense lawyer is the most important step you can take.
Here’s how our firm can help you:
- We will sit down and listen to your side of the story. Based on this, we will investigate the situation and gather evidence to build a solid defense strategy.
- Sometimes, negotiating plea deals offers a more promising resolution than a trial. If appropriate, we will discuss this with the prosecutor and provide you with this option.
- Your rights need to be protected from the moment you are detained or arrested through each step of the process. We ensure you are treated fairly within the legal system and not subjected to unlawful procedures.
For help with criminal charges in Polk County, Florida, contact Thomas C. Grajek, Attorney At Law, to schedule a consultation with a Polk County criminal defense attorney.
Overview of Domestic Violence in Florida
Florida classifies domestic violence as any harmful actions directed by one family or household member toward another. This includes offenses such as assault, aggravated assault, battery, aggravated battery, sexual assault, and sexual battery. Additionally, it covers behaviors like stalking and aggravated stalking that involve threats or intimidating actions.
The law also recognizes serious crimes such as kidnapping and false imprisonment within this context. Any offense resulting in physical injury or death to one family or household member at the hands of another is generally treated under the umbrella of domestic abuse.
Who is a Family Member or Household Member?
In Florida, domestic violence includes violent acts or threats against family members or household members. This includes current and former spouses as well as anyone related to you directly, such as children or grandparents, whether through biology or adoption. Additionally, even those you have lived with and aren’t related to–like unmarried romantic partners, can qualify as a family or household member.
Individuals who share a child together, regardless of their cohabitation status or if they never married, also fall within this definition. Florida also recognizes “dating violence.” This is when violence occurs in a relationship where the parties were involved on a significant level romantically over the last six months.
What Are the Penalties For Domestic Violence in Polk County, Florida?
If you’re facing domestic violence charges in Polk County, it’s crucial to understand the potential legal consequences. The penalties imposed largely depend on the specific nature of the offense as well as any previous criminal history you might have. Here’s an overview of possible penalties:
- Jail/prison time: Depending on the severity of the charge–ranging from misdemeanors to felonies depending on the situation–you could face jail time or even a substantial prison sentence. In Florida, anyone convicted of domestic violence must spend at least 10 days in custody, and this amount of time increases for subsequent offenses.
- Probation: In some domestic violence cases, a court may order probation as well as jail or prison time. During this period, you will be monitored under specific conditions outlined by the court and your probation officer, such as regular check-ins and compliance with counseling requirements.
- Fines: If convicted of a domestic violence offense, you may be subject to substantial fines. These financial penalties can vary significantly based on the type of crime and severity, leading to costs that add up quickly in addition to other financial consequences like legal fees.
- Restitution: The court might require you to pay restitution, which refers to compensation for any damages caused by your actions. This often includes costs incurred by the victim that are directly related to injury or property damage.
- Domestic violence education and classes: As part of the penalties for domestic violence, you may be required to attend specific educational programs or classes focused on anger management and healthy relationship skills. These courses are meant to teach you approaches to dealing with conflicts in more constructive ways.
Collateral Consequences of a Domestic Violence Conviction
A domestic violence conviction can have lasting effects well beyond the legal penalties imposed by the court. Understanding the collateral consequences of being convicted of domestic violence laws is essential for anyone facing these charges, as they can impact various aspects of every aspect of life. These collateral consequences might include:
- Employment challenges: Most employers conduct background checks, and a domestic violence conviction can hinder job opportunities. Employers may be hesitant to hire someone with such a serious conviction.
- Housing implications: Finding housing after a conviction might become more complicated as landlords frequently conduct criminal background checks. A history of domestic violence could lead them to deny rental applications or increase security deposits based on perceived risk factors.
- Child custody issues: A domestic violence conviction can significantly affect custody arrangements. Courts take allegations of domestic violence seriously when determining parental rights and responsibilities, which could result in reduced time with your children or even loss of custodial rights altogether.
- Loss of professional licenses: Certain professions, particularly those involving the public, such as teaching, nursing, or law enforcement, may require a clear criminal record for licensure. A conviction for domestic violence could hinder your ability to maintain or acquire professional credentials in these fields.
- Restraining orders: Individuals convicted of domestic violence might face a protection order that prohibits contact with the victim. These protocols are not only emotionally draining but also practical barriers that restrict interaction and can affect family dynamics significantly.
Understanding these potential penalties underscores how important it is to seek legal guidance right away if you’re facing allegations of domestic violence.
What Defenses Can Be Raised If I’m Arrested For Domestic Violence?
If you’re arrested for domestic violence, it’s helpful for defendants to understand the defenses that may be available. Here are some common defenses against domestic violence charges:
- Self-defense: Self-defense is one of the most commonly used defenses to domestic violence charges. If you were acting to protect yourself from real or perceived harm when an altercation began, this can be a strong argument against allegations of domestic violence.
- False allegations: Sometimes, alleged victims of domestic violence may make false claims about abuse due to misconceptions, revenge, or miscommunication during conflict situations. If there is evidence supporting that accusations of domestic violence were fabricated by another party, showcasing the accuser and their false claims as unreliable can weaken their credibility significantly and lead to an acquittal.
- Lack of evidence: Another possible defense is a lack of substantial evidence proving that domestic violence occurred. Without credible witnesses, medical records demonstrating injury, video footage, or police reports supporting the allegation against you, the prosecution might struggle to establish their case sufficiently beyond a reasonable doubt.
- Accidental harm: If the harm caused was purely accidental and not intended as abuse toward another individual, this may be a valid defense. Providing evidence that the altercation resulted from an unintentional act rather than any malicious intent can lead to an acquittal.
- Alibi: Presenting alibi evidence can lead to charges being dropped or you being acquitted. This means proving that you were somewhere else when the alleged offense occurred. To do this, your domestic violence attorney can present receipts, video footage, alibi witness testimony, or other evidence that can verify your whereabouts at the time of the offense.
The right legal representation can help navigate your case and choose the right defense, potentially mitigating the consequences.
If you’ve been accused of domestic violence charges in Florida, it can be an overwhelming and frightening experience, but having a knowledgeable lawyer on your side can make a significant difference in how your case turns out. An experienced attorney understands the challenges and importance of these cases and works tirelessly to protect your rights throughout the process.
If you’re navigating this situation, it’s essential to consult with a criminal defense attorney who will advocate for you and help you explore all available defense options. Contact Thomas C. Grajek, Attorney At Law, to schedule a consultation with a Polk County domestic violence lawyer.