The Consequences Of A Guilty Verdict In Domestic Violence Cases

Domestic violence is a far-too-common phenomenon, affecting at least a double-digit percentage of marriages in the United States. In most cases, a person found guilty of a crime of domestic violence will have to serve at least some jail time, plus paying fines and assorted court costs. However, there are far more potential consequences that a convicted person will have to contend with, even after they have served any sentence given to them.

Direct Legal Consequences

In Florida, a person cannot be charged with ‘domestic violence’ per se; rather, one is convicted of the underlying crime, such as assault or kidnapping, and if the crime happened in a domestic violence context, the sentence will be augmented. What this means is that the sentence for these crimes of domestic violence will vary significantly, as will any fines or costs required to be paid by the defendant.

In addition, a person convicted of a domestic violence crime in Florida must also attend batterers’ intervention classes, and in most cases, may no longer own a firearm or ammunition, as per federal law. Attempting to purchase one can lead to criminal charges – and this is in addition to any potential penalties that might be triggered by having violated a domestic violence injunction.

Long-Term Consequences

In addition to the legal consequences of a Florida domestic violence conviction, there are two major facts that can cause long-term problems for one convicted of this type of crime. The first is that in Florida, a crime of violence cannot be expunged from an adult’s criminal record, meaning that it will be visible to any future landlord, employer, or other person able to conduct background checks. This can cause issues with employment, living situations, and many other aspects of normal life.

The second long-term consequence has to do with child custody and parenting time. In general, there is a presumption in Florida law which holds that it is not in a child’s best interest to have a parent who has been convicted of a domestic violence offense in their life. While this can be overcome, it is not easy to do so, and it is possible that visitation for a parent convicted of this type of crime will be denied.

Contact A West Palm Beach Domestic Violence Defense Attorney

If you have committed a domestic violence offense in Florida, it is crucial that you enlist the right attorney to protect your rights. A West Palm Beach criminal defense attorney from Perlet & Shiner, P.A. will ensure that you get your day in court. Contact our office today to speak to an attorney.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/Sections/0741.28.html