A Seminole County domestic violence charge may be filed by the state attorney’s office as a misdemeanor or a felony. The filing decision is made exclusively by the prosecutor and is based on the facts of the case, victim and witness credibility and severity of injuries. Severe injuries will almost always be charged as a felony. No injury or slight injury domestic battery cases will usually be filed as a misdemeanor. Prior battery or domestic battery charges can be used to enhance a misdemeanor to a felony. Both prior acts of reported domestic violence even without a conviction and the criminal history of the accused may also influence how the case is filed. Penalties for a crime of this nature include:
Seminole County Misdemeanor Domestic Battery:
- Possible jail sentence from 0 days up to 1 year in County jail
- Anger management, counseling and/or domestic intervention program
- Community service hours
- Various fines and/or Charitable Donations
- No Contact Order from the victim
Seminole County Felony Domestic Violence:
- Jail time can range from 1 day in the County Jail to multiple years in Florida State Prison
- Counseling, anger management and/or domestic intervention program
- Community Service Hours
- Various fines and/or Charitable Donations
- Stay-Away Order from the victim
WHAT IF THE VICTIM WANTS TO DROP CHARGES?
In Florida, you can be arrested and prosecuted for domestic violence even if the victim does not want you arrested or prosecuted. GPS monitoring is often used in Seminole County to enforce no contact orders. While the intent may be to protect the alleged victim this can often drastically increase cost for the entire family. In some cases, especially with spousal abuse, it can be very difficult for the victim to drop charges against the abuser. In some cases, the Prosecutor can proceed with the criminal case even if the alleged victim decides not to cooperate or go to court to testify.
The prosecutor is the only one who has the authority to drop criminal charges because the victim is merely a witness in a government prosecution. The law regarding domestic violence is complex and highly specialized. This is why it is important to secure an attorney who is qualified, skilled, and knowledgeable in defending domestic violence cases. Seminole County Domestic Battery Attorneys Kevin Pitts is a former prosecutor with the criminal defense experience you need to get the best possible outcome in your case.