A Deland domestic violence charge can be filed as a misdemeanor or a felony depending on the facts and history of the accused. The filing decision is made exclusively by the state attorney’s office 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 generally be filed as a misdemeanor. Both prior acts of reported domestic violence and the criminal history of the accused may also influence how the case is filed. A prior battery conviction can be used to enhance a misdemeanor case to a felony. Penalties for a crime of this nature include the following:
Deland Misdemeanor Domestic Battery:
- Possible jail sentence up to 1 year in County jail
- Counseling (anger management and/or domestic intervention program)
- Classes
- Community service hours
- Various fines and/or Charitable Donations
- No Contact Order from the victim
Deland 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)
- Classes
- Community Service Hours
- Various fines and/or Charitable Donations
- Stay-Away Order from the victim
What if the domestic violence victim wants to drop charges?
In Florida, you can be arrested and prosecuted in a domestic violence case even if the victim does not want you arrested or prosecuted. 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 state attorney's office can subpoena the alleged victim or even do a pick up order (have the victim held in jail for trial) to force the alleged victim to testify. The state can also try to hold the alleged victim in contempt if they do not 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.
Deland Domestic Battery Attorney Kevin J. Pitts is a former Volusia County prosecutor. Mr. Pitts has the experience to get the best possible result in your case.
Domestic Violence Conviction And Your Right To Have A Gun
As a result of the Lautenberg Amendment a licensee convicted of a disqualifying misdemeanor may not lawfully possess firearms or ammunition. In addition, a licensee who incurs firearms disabilities during the term of a license by reason of such a misdemeanor conviction may not continue operations under the license for more than 30 days after incurring the disability unless the licensee applies for relief from Federal firearms disabilities. [18 U.S.C. 922(g)(9) and 925(c), 27 CFR 478.144 (i)]. A skilled Deland domestic violence lawyer can take steps to insure that your constitutional right to bear arms is not eliminated by a domestic violence accusation.