domestic violence happening to a couple in bradenton/sarasota florida

A charge for domestic violence may have you worried about your life and freedom. However, you can strive to protect yourself by hiring an aggressive criminal defense lawyer to defend against your charges.

If you’ve been charged, a strong defense is necessary. Our experienced Florida domestic violence attorney can help you understand your rights and fight for you. To learn how we can help you, contact Van Elswyk Law today to schedule your consultation. 

A Criminal Defense Attorney You Can Rely On

If you’re charged with a crime, it’s common to feel worried, confused, and alone, especially when the crime you’re charged with poses a threat to your life and future. Fortunately, a skilled criminal defense attorney can be your best ally during your legal battle. 

Van Elswyk Law has years of experience litigating charges for domestic violence. Attorney Brice Van Elswyk gets to know every client and their story to help create the best possible defense on their behalf. We strive to protect your rights and reach the most favorable outcome. 

When you’re charged with domestic violence, don’t wait to consult with a criminal defense lawyer. The team at Van Elswyk Law is here for you every step of the way. 

Understanding Domestic Violence in Florida

Domestic violence is unique from other forms of violence, as it involves individuals close to a defendant. 

In Florida, domestic violence involves an act of criminal conduct against a family or household member that results in physical injury or death. Family or household members can include any of the following:

  • Spouse
  • Former spouse
  • A relative who is related by either blood or marriage
  • People who either currently reside or have resided in the household as a family
  • A child’s biological parents, regardless of marital status

For a crime to be considered domestic violence, it must involve individuals who are currently living together or have lived together in the past. This, however, does not pertain to the biological parents of the same child who do not have to be living together to qualify as domestically related.

Florida law lists certain crimes that could be charged as domestic violence, including:

  • Assault
  • Aggravated assault
  • Battery
  • Aggravated battery
  • Sexual battery
  • Kidnapping
  • False imprisonment
  • Stalking
  • Aggravated stalking
  • Domestic battery by strangulation (only requires a “dating” relationship to qualify)

One of these charges is serious and could threaten your freedom and future. As soon as you’re charged, it’s imperative you speak with a skilled domestic violence lawyer and allow them to begin working on your case right away. 

Potential Defenses to Charges for Domestic Violence

Every domestic violence case is unique. Therefore, a defense to a charge of domestic violence must fit the situation appropriately.

There are several viable defenses to domestic violence, some of which include:

  • Self-defense
  • Defense of others
  • Defense of property
  • Dispute of facts
  • Lack of evidence

Additionally, there may be issues with the accuser’s allegations. For example, the accuser may be vindictive against the defendant, the defendant and the accuser may be embroiled in a bitter divorce or custody battle, or the accuser’s credibility may be in question. 

When you hire a qualified criminal defense lawyer, your attorney can review the details of your case and tailor their approach to your case. You can trust your lawyer to create a strong defense in an attempt to reach the most beneficial outcome, whether it be dropped charges, reduced penalties, or winning your case. 

We Can Help Protect Your Future

Domestic violence penalties can be serious. We can try to fight your charges in order to prevent substantial consequences.

Penalties for domestic violence depend on the details of the case, like the severity of the alleged conduct. Domestic violence in Florida can be a misdemeanor or a felony. Generally, consequences for this crime could include jail time, fines, and counseling.

For misdemeanors, the following penalties apply:

  • Second-Degree Misdemeanor: Includes assault and involves up to 60 days in jail and/or a fine of $500
  • First-Degree Misdemeanor: Includes battery and stalking; up to one year in jail and/or $1,000 in fines

For felony charges, the following penalties apply:

  • Third-Degree Felony: Includes offenses for aggravated assault, aggravated stalking, and false imprisonment; up to five years in prison and/or $5,000 in fines
  • Second-Degree Felony: Includes aggravated battery; up to 15 years in prison and/or fines of up to $10,000
  • First-Degree Felony: Includes sexual battery and kidnapping; up to 30 years to life in prison and/or $10,000 in fines

Penalties can vary based on certain factors that could increase their severity. Consequences for domestic violence can be extremely serious, so a criminal defense lawyer will do everything possible to fight against these charges. You can seek to lessen the severity or even eliminate the possibility of punishment altogether. 

Speak with an Experienced Domestic Violence Attorney to Work on Your Defense

If you’re facing domestic violence charges, you don’t have to go at it alone. Strong representation is essential. Contact the team at Van Elswyk Law in Florida today to speak with our domestic violence lawyer to get started on your case.