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Under Florida law a crime of domestic violence could include basically any offense committed by one family or household member against another, but the large majority of these cases involve an alleged battery. Battery is an unlawful touching of another person without their permission, but there is no requirement that the state prove an actual injury. For this reason, there are hundreds of false and unjust domestic battery prosecutions in Florida each year. All it takes is a phone call to police and an accusation, and then someone will end up arrested on criminal charges. If you or a loved one has been accused of battery do not gamble with your future by showing up to court and expecting a favorable outcome. Although battery starts out as a misdemeanor in Florida, repeat offenders and those who inflict serious bodily injury on another could be charged with felony battery. In addition, a conviction for domestic battery may carry certain mandatory penalties including jail time and 6 months of anger management classes. A skilled lawyer may be able to argue for a reduction of charges, or in some cases for a dismissal before charges are formally filed. Benjamin Herbst is a South Florida criminal defense lawyer who specializes in domestic battery cases, and immediately fights for a dismissal or reduction of charges the minute he is hired. Benjamin has successfully defended clients against hundreds of domestic violence charges and is standing by to offer a free consultation anytime at (954) 543-0305. Benjamin represents clients charged with domestic battery in Miami-Dade, Broward and Palm Beach County. He is also a Treasure coast domestic battery lawyer for clients who have been charged in Martin or St. Lucie County.
Under the family law article, any person who commits a battery and causes injury to a household member or relative faces a mandatory 10 days in jail upon conviction. Repeat offenders face even more jail time, as do defendants who are charged with committing an offense in the presence of a minor. In addition to mandatory jail time a defendant who is convicted must be ordered to complete the batterers intervention program, which is a 26-week course that requires regular and consistent attendance. Convicted defendants also face 12 months of probation, community service and injunctions/no contact orders that must be followed. Probation violations in battery cases will likely result in a no bond arrest warrant, as judges do not look kindly on VOPs in domestic violence probation.
There are numerous defenses in domestic battery cases such as self-defense, defense of others, defense of property and the Florida stand your ground law. Benjamin will thoroughly examine the case to determine which of these defenses is best suitable. He may also be able to reach out to the victim or the victim’s attorney to negotiate for the potential dismissal of charges. A victim in a domestic battery can file a drop charge affidavit, but simply filing this paper will not result in a dismissal. The state has the final say whether to enter a nolle pros. and Benjamin has been able to convince the state to do this countless times. If a dismissal is not possible, Benjamin will argue any applicable defense at trial, and has earned several jury trial acquittals for domestic offenses. He is an experienced South Florida domestic battery lawyer who has the skill to achieve the best possible outcome in your case. Benjamin provides all clients with his cell phone number and is always available to discuss the case on nights and weekends. He understands the importance of maintaining constant contact with his clients, and is never too busy to discuss the case.