DOMESTIC VIOLENCE
Aggressively Fighting for the Best Possible Outcome
TAMPA DOMESTIC VIOLENCE DEFENSE ATTORNEY
Work with an Experienced Former Prosecutor in Hillsborough and Pinellas County
Domestic violence allegations are common cases in Florida courts. In fact, according to Florida domestic violence statistics provided by the Department of Children and Families, over 106,500 DV crimes were reported in 2020, with over 63,000 of those leading to arrests.
Cases of domestic violence in Tampa and throughout the state of Florida are aggressively prosecuted to prevent future abuse and to punish those who harm dating partners, spouses, and family members. With a determined prosecutor working against you, you need to protect yourself with an equally determined advocate. That’s why, if you have been accused, are being investigated, or have been charged with a domestic violence offense, it is crucial that you seek legal counsel from an experienced domestic violence attorney as soon as possible.
As a former Pinellas County prosecutor himself, Attorney Andrew Buda knows exactly how state prosecutors think and act. He and his experienced legal team have seen domestic violence cases from both ends of the scope, meaning they know what it takes to build a solid defense and prepare for a counterattack by the prosecution. With that insight, the Tampa criminal defense attorneys at Buda Law can deconstruct your case and find holes in the prosecution’s case, creating reasonable doubt and potentially having your case dropped, dismissed, or acquitted at trial.
Facing charges for domestic violence? Contact the Tampa domestic violence attorneys at Buda Law by calling (813) 322-2832 to discuss your case and learn your options during a free, initial consultation.
What is Domestic Violence?
Domestic violence, also known as domestic abuse, refers to abusive behavior in a relationship where one person seeks to control or harm another, often through physical violence and threatening acts. What separates domestic violence from other violent crimes, such as assault and battery, is the relationship between the person accused and the victim. Domestic violence generally occurs between spouses, partners, or family members.
Florida Domestic Violence Laws
Under Florida Statutes § 741.28, the legal definition of domestic violence is the “assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any other criminal offense resulting in physical injury or death of one family or household member by another family or household member.”
The statute goes on to define family or household members as:
- Spouses
- Former spouses
- People related by blood or marriage
- People who are presently living together or have previously lived together as a family
- Parents of a child (or children) in common, regardless of any previous marriage
It’s important to note that with the exception of people who share a child together, family or household members must currently live together or have lived together in the same home at some point.
Examples of Domestic Violence Crimes in Florida
There are many different scenarios that may warrant a domestic violence charge. For example, domestic violence includes:
- Assault and battery
- Aggravated assault
- Aggravated battery
- Sexual assault
- Sexual battery
- Stalking
- Aggravated stalking
- Kidnapping
- False imprisonment
Though they are still forms of domestic abuse, things like emotional abuse, financial abuse, and verbal abuse are not technically considered “domestic violence” under Florida law because they are not capable of resulting in physical injury or death.
Domestic Violence vs. Domestic Battery
In Florida, domestic violence covers a broad range of abusive behaviors. Domestic violence battery, on the other hand, is a more specific charge that involves direct physical contact. More specifically, it involves actually and intentionally touching or striking another family or household member against their will, resulting in physical harm.
What is a Domestic Violence Injunction?
In Florida, an injunction, also referred to as a restraining order, is a court order that is intended to protect victims from further violence or harm by preventing an alleged perpetrator from engaging in certain criminal acts or behaviors, particularly in cases of domestic violence, dating violence, stalking, or sexual violence. More specifically, this legal order can prohibit the abuser from contacting the victim, coming near them, or committing further acts of violence.
Domestic violence injunctions, much like domestic violence convictions themselves, can put extreme limitations on your basic rights and may interfere with your ability to seek employment and find a place to live, as well as your general reputation and public standing. Fortunately, the skilled Tampa injunction attorneys at Buda Law provide compassionate and comprehensive representation for cases like these. We work closely with clients to understand the specifics of each case, providing strong representation to protect their rights and help minimize the impact of a domestic violence injunction on their lives.
How Long Can You Go to Jail for Domestic Violence in Florida?
The length of jail time for domestic violence charges in Florida depends on a few factors, particularly the number of prior offenses of the accused and whether or not a child under the age of 16 was present during the alleged incident. Florida Statutes § 741.283 covers the minimum terms of imprisonment for domestic violence offenses, which are as follows:
- First offense – 10 days in jail
- Second offense – 15 days in jail
- Third or subsequent offense – 20 days in jail
If the domestic violence crime occurred in the presence of a child below the age of 16 who is a family member or household member of the alleged victim, the minimum jail terms are as follows:
- First offense – 15 days in jail
- Second offense – 20 days in jail
- Third or subsequent offense – 30 days in jail
It is important to note that these mandatory minimums do not stop the court from giving the accused person probation, supervised release, or extra jail time as part of their sentence.
What are the Penalties for Domestic Violence Charges in Florida?
A domestic violence battery conviction is typically considered a first-degree misdemeanor in Florida, which can result in serious penalties. Specifically, a first-degree misdemeanor conviction may lead to:
- Jail time of up to a year
- Up to one year of probation
- A fine of up to $1,000
- Completion of a Batterers’ Intervention Program
- Community service hours
- Being subject to a restraining order that prohibits any contact with the victim and can affect child custody and visitation rights
Aggravated Domestic Violence Charges
There are certain scenarios in which misdemeanor charges of domestic violence can become elevated to felony charges. For example, in cases where serious bodily injury occurred, where a dangerous or deadly weapon was used, or when strangulation was employed, the act may be charged as aggravated domestic assault or felony battery, which are felony charges in Florida that carry much more severe penalties. Below are the associated penalties with these felony domestic violence crimes:
- Felony Aggravated Assault – Third-degree felony carrying up to 5 years in prison or probation and $5,000 in fines
- Felony Aggravated Battery – Second-degree felony punishable by up to 15 years in prison or probation and up to $10,000 in fines
- Domestic Battery by Strangulation – Third-degree felony (5 years in prison, $5,000 in fines)
Other Long-Term Consequences Associated With DV Charges in Florida
A domestic violence crime can have lasting consequences beyond just jail time, fines, and other criminal penalties. One of the most significant impacts is the resulting criminal record, which can make it harder to find a job, secure housing, or even get a loan. Additionally, a domestic violence conviction may lead to the loss of certain rights, such as the ability to own firearms, and can also affect child custody arrangements.
Because this criminal offense is generally one that involves physical violence, it is ineligible for record sealing or expungement in Florida if the charge leads to a conviction. As such, the best way to avoid the long-term impact that comes with a DV conviction is to work with an experienced Tampa domestic violence defense lawyer who can explore all potential legal options to mitigate the charges before they result in these life-altering consequences.
How To Get Domestic Violence Charges Dropped in Florida
Getting a domestic violence charge dropped in Florida can be a complex process, but it’s possible with the right legal assistance on your side. A skilled Tampa domestic violence defense attorney like Andrew Buda can examine the details of your case to identify weaknesses, such as lack of evidence or inconsistencies in the testimony, and use this to your advantage in court. By challenging the prosecution’s case and/or negotiating for lesser charges, a skilled attorney can significantly improve your chances of getting your criminal charges reduced or dropped altogether.
Do I Need a Lawyer for Domestic Violence Charges?
Domestic violence cases are taken very seriously in the state of Florida, and you can bet that prosecutors will do whatever it takes to secure a conviction. In the United States, defendants are innocent until proven guilty, but unfortunately, in cases like these, that’s not the way the general public sees it. Those accused of domestic violence are often left with a permanent stain on their reputation, not to mention what happens if they are actually charged and convicted. Even if the victim doesn’t want to press charges against the accused, the state attorney’s office can still move forward with those charges. That is why it is so important that those accused of these types of crimes obtain the help of a skilled domestic violence lawyer if they want the best shot at avoiding or mitigating the penalties associated with DV charges.
What Kind of Lawyer Do I Need for Domestic Violence?
For a domestic violence-related crime, whether that’s physical assault or battery, sexual assault or sexual battery, aggravated stalking, kidnapping, or any other related offense against a household or family member, you need a criminal defense attorney with experience handling domestic violence cases in your area. A local domestic violence defense attorney will understand Florida law through and through and will know what it takes to craft a strong defense and protect your rights along the way.
At Buda Law, our Tampa, Florida criminal defense attorneys have years of experience navigating domestic violence-related charges and can help you defend your legal rights and create the strongest defense strategy possible, whether that’s an angle of self-defense, a false allegation, or whatever applies to your case.
How Much is a Lawyer for Domestic Violence?
The cost of hiring a defense lawyer for a domestic violence case can vary depending on the complexity of the case, the lawyer’s experience, and the time involved. Some lawyers may charge a flat fee, while others bill by the hour. The only way to get a clear understanding of the fees involved in your case is to speak directly with an attorney.
At Buda Law, we give all of our potential clients the opportunity to meet with an experienced Tampa domestic violence lawyer on our team free of charge. This free consultation allows you to discuss your case with a knowledgeable attorney and receive an estimate of potential costs, meaning you can explore your legal options without any upfront financial commitment.
Why Trust Andrew Buda With Your Tampa Domestic Violence Case?
If you’re facing domestic violence charges in the Tampa Bay area, it’s absolutely critical that you equip yourself with the strongest possible legal defense. Andrew Buda, a trusted Tampa domestic violence defense lawyer at Buda Law, has a successful track record of defending clients who have been accused of domestic violence or spousal abuse. We understand that these accusations can arise from misunderstandings, personal disputes, or wrongful claims made by an alleged victim. Whether you were falsely accused or simply made a mistake in the heat of the moment, Andrew Buda and his team are prepared to construct a solid defense to challenge the prosecution’s case.
In any criminal matter, including domestic violence cases, the burden of proof lies with the prosecution. As an experienced attorney, Andrew Buda works diligently to present evidence that supports your innocence and challenges the credibility of the charges against you. He will seek to uncover inconsistencies in the alleged victim’s statements and work to highlight any motivations they may have for making bogus claims that may have led to your false domestic violence charges. By carefully reviewing the details of the alleged act and gathering key evidence, he can help create reasonable doubt, which is essential for achieving a not-guilty verdict.
With his knowledge of Florida law and dedication to protecting your rights, Andrew Buda is the advocate you need when facing serious accusations of domestic violence. By casting reasonable doubt on the charges, he can help you pursue a positive outcome in your case.
Proven Track Record of Successful Case Outcomes
At Buda Law, we have successfully defended numerous clients facing domestic violence charges, securing favorable outcomes through diligent representation. Here are a few examples of recent case results demonstrating our commitment to achieving justice for those accused:
- DOMESTIC ASSAULT (CASE DISMISSED): Client was accused of threatening to hit her wife.
- DOMESTIC BATTERY (CASE DISMISSED): Client was accused of punching her boyfriend in the face, leaving a bruise.
Rest assured, working with a dedicated Tampa domestic violence defense attorney at Buda Law can only benefit you in your pursuit of a positive resolution.
Turn to an Experienced Tampa, Florida Domestic Violence Lawyer at Buda Law for Unparalleled Defense
The charges you face in any domestic violence case will depend on the nature of the incident, your prior criminal history, whether serious bodily injury occurred, and other circumstances surrounding the domestic violence-related crime. In all cases, the time between your arrest and any formal criminal charges is critical. That is why you should not hesitate to contact a Tampa domestic violence lawyer at Buda Law for immediate legal help.
The knowledgeable attorneys at our Tampa-based law firm have the legal skill, resources, and relationships within the Florida justice system to fight hard on your behalf and obtain the most favorable outcome for you. We regularly serve clients throughout Pinellas County, Hillsborough County, and beyond. If you or a loved one are facing domestic violence charges in Tampa or the surrounding areas, call us today at (813) 322-2832 or reach out online for a free consultation with an experienced domestic violence attorney on our team and see what we are able to do for you.
START BUILDING YOUR CASE
Schedule a Free Consultation
WHAT MAKES OUR DEFENSE SO EFFECTIVE?
- Former State Prosecutor
- Highly Responsive & Accessible
- Result-Oriented Advocacy
- We Prepare Every Case as if it's Going to Trial
- Personal Representation Centered Around You
- Exceptional Negotiator