Lake City Domestic Violence Defense Lawyer

Lake City Domestic Violence Defense Attorney

Domestic violence incidents happen fast, but the effects usually last a lifetime. Your reputation, employment, and livelihood are on the line. If you’re facing charges, you need a dedicated and experienced Lake City domestic violence defense lawyer by your side to navigate the complex legal system effectively.

What Is Domestic Violence in Florida?

Domestic violence is any violent action or threat against another person with whom the alleged perpetrator has a familial or household relationship, including:

• Battery or aggravated battery
• Assault or aggravated assault
• Sexual battery or sexual assault
• Stalking or aggravated stalking
• False imprisonment
• Kidnapping
• Any other criminal offense that causes physical injury or death

How Household or Family Is Defined Under Florida Law

Domestic violence is not just about married couples. Under Florida Statutes § 741.28, domestic violence applies to individuals who are part of the same family or household, including spouses or ex-spouses, parents, children, stepchildren, grandchildren, roommates/housemates, or co-parents who share a child.

Penalties for Felony Domestic Violence Convictions

Felony domestic violence convictions can result in severe penalties. The state has minimum mandatory jail and/or prison sentences, and those who are found guilty can face incarceration of over a year and financial repercussions like fines and damages.

Florida’s sentencing guidelines for felony domestic violence cases are very complex. The State Attorney’s Office for the Third Judicial Circuit of Florida will consider the severity of the offense and your prior criminal history. Even first-time offenders can face life-altering penalties, from probation to domestic violence restraining orders to social stigma.

Other Consequences of Domestic Violence Accusations or Charges

It is not just the legal consequences of domestic violence charges that can affect your life. Your employment, housing opportunities, and personal relationships all have the capability of being threatened by a domestic violence conviction, therefore threatening your livelihood and stability. Domestic violence charges can even cause you to lose rights and privileges.

One of the most immediate impacts is reputational damage and social stigma. Even if the accusations are false, it will likely put a strain on your relationships with family, friends, and romantic partners. Charges and convictions are public records, meaning the harm will stick with you long-term.

You may lose custody of your children or have limited access to a relationship with them. During divorce proceedings, domestic violence can influence alimony determinations and how marital assets are divided. When it comes to your rights and privileges, you could lose your right to possess a firearm, your voting rights, and maybe even lose professional licenses.

Defenses Against Domestic Violence Charges

A strategic and robust defense calls for an experienced criminal defense attorney in Lake City who can explore all potential angles. Kevin A. Raudt, P.A., can thoroughly examine the facts of your case and build the strongest possible defense strategy. Some defense options may include:

• Challenging false allegations: The accuser’s credibility can be investigated if there is evidence that the charges come from false claims, such as those that stem from personal disputes, divorce proceedings, or custody battles.
• Asserting self-defense: If your actions were necessary because you were protecting yourself or another person from harm, it could be argued that your actions were legally justified.
• Highlighting lack of evidence: The prosecution’s case can be investigated, and if their evidence is weak, inconsistent, or circumstantial, it could be challenged.
• Demonstrating mutual combat: A defense can be based on mutual combat, meaning both parties willingly participated in the physical altercation.

Why You Need an Experienced Lake City Domestic Violence Defense Attorney

The stakes are high in Florida, especially as the state reported a domestic violence offense rate of 314.9 per 100,000 people. If you are facing these charges without an experienced defense attorney, you are choosing to confront a complex legal system that often has a bias against the accused.

The prosecution is determined to secure a conviction, and when you hire a domestic violence defense lawyer, they can challenge the evidence, negotiate with prosecutors, and build a robust defense that aims at protecting your rights and fighting for the most positive outcome possible.

FAQs About Lake City, Domestic Violence Defense Law

What Qualifies as Domestic Violence in Lake City?

Domestic violence includes assault, battery, sexual assault, stalking, kidnapping, false imprisonment, or any similar act that results in the emotional distress, physical injury, or death of a family member or household member. The people involved do not need to be blood relatives or marriage-related; they could also be roommates or co-parents to a child.

What Happens After I Am Arrested for Domestic Violence in Florida?

When you are arrested for domestic violence in Lake City, Florida, you will likely be held without bond until a first appearance hearing that happens 24-48 hours after the arrest. A judge will determine whether or not there is probable cause and set bond. They may also issue a temporary no-contact order with the alleged victim. The State Attorney’s Office will decide whether or not to file formal charges.

Can the Alleged Victim Drop the Charges?

An alleged victim can’t choose to drop domestic violence charges, and the decision rests solely with the State Attorney’s Office. A victim may express their wishes whether they want to move forward or not, but the prosecutors likely have a “no-drop” policy due to public safety concerns. If the victim chooses not to testify, this may have a positive influence on the defense’s strategy.

Is Domestic Violence a Felony or Misdemeanor?

Domestic violence can be charged as either a felony or a misdemeanor in Florida. The classification will depend on how severe the actions and injuries were, if the alleged perpetrator used a weapon, and if they have any prior convictions. For example, an incident involving simple battery might be a misdemeanor, while aggravated battery or strangulation is a felony.

Free Consultation with an Experienced Domestic Violence Defense Attorney

Take the first essential step towards protecting your rights and your future by consulting with Kevin A. Raudt, P.A. We are ready to listen to your side of the story, provide clear legal guidance, and help you understand your options. Contact us now to schedule a free consultation.