Clay County Domestic Violence Lawyer

Let Us Defend You Against Serious Allegations

Facing a domestic violence charge in Clay County can be overwhelming and frightening. A conviction can affect your personal relationships, career, and even your freedom. At First Coast Criminal Defense, we understand the gravity of these situations and are here to provide strong legal representation. Our experienced team will fight to protect your rights and work towards the best possible outcome for your case.

Get your life on track and make sure your side of the story is heard – contact us today at (904) 474-3115 for a case review.

What is Considered Domestic Violence in Florida?

In Florida, domestic violence encompasses more than just physical altercations. According to Florida law, domestic violence refers to any criminal offense resulting in physical injury or death committed by one family or household member against another. "Family or household members" include:

• Spouses and former spouses
• Individuals related by blood or marriage
• Individuals who currently or previously resided together as a family
• Parents who share a child, regardless of marital status or cohabitation

Common types of domestic violence offenses in Florida include:

• Assault and Battery: Physical harm or the threat of harm.
• Sexual Assault: Unwanted or non-consensual sexual contact.
• Stalking and Harassment: Repeated, unwanted contact that causes fear or emotional distress.
• Kidnapping: Unlawful confinement or movement of a person against their will.
• False Imprisonment: Detaining someone without legal authority.

Penalties for Domestic Violence

The penalties for a domestic violence conviction in Florida depend on the severity of the incident, the presence of any prior offenses, and other circumstances of the case. Common penalties include:

• Misdemeanor Domestic Violence: For less severe cases, such as simple assault or battery, a first offense could be charged as a misdemeanor. Penalties may include up to one year in jail, fines, probation, community service, and participation in a batterer’s intervention program.
• Felony Domestic Violence: If the incident results in serious bodily harm, involves the use of a deadly weapon, or the accused has prior domestic violence convictions, the charge may be elevated to a felony. Felony domestic violence carries much harsher penalties, including multiple years in prison, significant fines, and long-term probation.
• Aggravated Domestic Violence: Aggravated assault or battery, or cases involving a deadly weapon, often result in aggravated domestic violence charges, which come with even more severe penalties.

In addition to these criminal penalties, a conviction can also result in a mandatory minimum sentence of five days in jail if the offense involved bodily harm. Moreover, offenders may be required to attend a 26-week batterer’s intervention program as part of their sentencing.

Other Consequences of a Domestic Violence Charge

Aside from the legal penalties, a domestic violence charge can have long-lasting personal and professional consequences. These may include:

• Restraining Orders: Courts often issue restraining orders (also called injunctions) against individuals accused of domestic violence. A restraining order can prevent the accused from contacting the alleged victim, visiting their home, or seeing their children. Violating a restraining order can lead to additional criminal charges and jail time.
• Child Custody and Visitation Rights: A domestic violence conviction can affect parental rights. In some cases, the convicted party may lose custody or visitation rights altogether. Courts typically favor the safety of the child, and a history of domestic violence could be used as evidence against the accused in custody battles.
• Employment Issues: Many employers conduct background checks, and a domestic violence conviction can make it difficult to secure a job. Certain professions, especially those involving vulnerable populations or law enforcement, may be out of reach for individuals with a domestic violence record.
• Housing and Financial Implications: A domestic violence conviction can also affect your housing situation. Some landlords may refuse to rent to individuals with a criminal record. Additionally, a conviction may impact divorce settlements, property division, or spousal support arrangements.
• Loss of Gun Rights: Under federal law, individuals convicted of domestic violence offenses may lose their right to own or possess firearms. This restriction is particularly strict for those convicted of felony domestic violence charges.

Defenses to Domestic Violence Charges

Some potential defenses to domestic violence charges include:

• False Allegations: In some cases, an alleged victim may falsely accuse someone of domestic violence for personal reasons, such as revenge, anger, or to gain leverage in a divorce or custody case.
• Self-Defense: If you were acting in self-defense or defending others at the time of the incident, this could be a valid defense against the charges.
• Lack of Evidence: Prosecutors must prove beyond a reasonable doubt that domestic violence occurred. A lack of sufficient evidence can lead to a reduction or dismissal of charges.
• Accidental Injuries: Not all injuries inflicted in domestic disputes are intentional. Accidents can happen, and in some cases, the injury may not have been caused by violence but rather by a mistake or unfortunate circumstance.

How a Clay County Domestic Violence Lawyer Can Help

If you have been accused of domestic violence in Clay County, you need an experienced lawyer who understands the complexities of Florida's domestic violence laws. At First Coast Criminal Defense, we provide comprehensive legal support for our clients, including:

• Case Evaluation and Investigation: We thoroughly review the details of your case and conduct our own investigation to uncover any discrepancies or weaknesses in the prosecution’s argument.
• Negotiation and Plea Bargaining: In some cases, we may be able to negotiate with the prosecution to reduce or dismiss charges before trial.
• Aggressive Trial Defense: If your case goes to trial, we will aggressively represent you in court, challenging evidence and presenting a compelling defense.

To schedule a free consultation, call (904) 474-3115 or contact us online today!