Statutes Of Limitations & Domestic Violence Crimes

Crimes of domestic violence are taken seriously in Florida, with the law allowing additional penalties for convictions if the underlying offense has an element of intimate partner violence. However, the defendant also has the right to present their side of the story, including any defenses that they feel explain their behavior. One defense that does not actually discuss any allegedly violent conduct, but is still relevant, is the statute of limitations on such an offense.

What Is A Statute Of Limitations?

A statute of limitations is a law that sets a time limit during which an alleged crime must be prosecuted (or in which a civil law matter must be adjudicated). Some crimes do not fall under the statute of limitations, such as murder – the relevant law states that a prosecution for such an offense can happen “at any time.” The rationale is that such an offense is so egregious that it should always be tried, whenever possible.

With most crimes, though, the statute is there to push people toward pursuing justice while evidence and testimony is still available and fresh in the memories of those involved. In addition to wanting to preserve the integrity of evidence, statutes of limitations help to ensure matters are settled, instead of allowing an accused person to essentially live under suspicion for the rest of their life.

Domestic Violence Crimes Vary

Most of the time, the statute of limitations for an offense is fairly explicit, and this is also the case for crimes of domestic violence. The point of confusion for many, especially those who have never been in trouble with the law in Florida, is that the state does not have one specific crime of domestic violence; rather, the ‘domestic violence’ tag is put on a crime at conviction and sentencing. A host of different crimes may fall under the umbrella of domestic violence offenses.

The result of this is that no specific statute of limitations exists for ‘domestic violence crimes’ – rather, every individual offense that may qualify as a crime of domestic violence will have its own statute of limitations. So, for example, if you are charged with a domestic battery, this may be a misdemeanor, which carries a two-year statute of limitations in Florida. If you are charged with a felony like aggravated assault, the statute is slightly longer.

Contact A West Palm Beach Domestic Violence Attorney

If you have been charged with domestic violence in Florida, do not hesitate – it is in your best interests to have the case heard as soon as possible. A West Palm Beach criminal defense attorney can help ensure that your rights are protected in court. Call the firm of Perlet & Shiner, P.A. today to speak with an attorney.

Source:

flsenate.gov/Laws/Statutes/2003/775.15