Orlando Domestic Violence Defense Attorney
Defense Against Domestic Violence Charges In Longwood, as well as Seminole County, Orange County and Across Central Florida
If you have recently been arrested for committing a crime against a family member, you are likely charged with an offense involving "domestic violence." You are likely feeling embarrassed, angry and afraid of the consequences. In today's society, the the authorities aggressively make arrests and prosecute crimes of domestic violence, period!! If you are reading this, you may have unfortunately discovered this.
In fact, Florida law now requires that the police, when called, “try to determine” who is more to blame (the “primary aggressor”) in a dispute between two or more persons and only arrest that person, even if the other(s) is/are also partly responsible. It also requires that each State Attorney’s Office develop specialized units and prosecutors to file and litigate these cases and mandates that the State adopt a “pro-prosecution” policy. This means that the government can prosecute you, even if the victim does not want them to. The law also gives judges the authority to remove the accused from their own home if they feel that it is necessary to ensure the safety of the victim. See Florida Statutes, Chapter 741.
Domestic violence charges are taken very seriously by Florida prosecutors and can have long lasting consequences for those found guilty. For this reason it is crucial to also have a highly experienced Orlando Domestic Violence Defense Attorney on your side! As a former senior prosecutor, defense attorney Jack Kaleita is thoroughly familiar with how these cases are handled by the government, experience that can be used to help prepare your defense.
What is Domestic Violence?
Domestic Violence is not a crime itself. Rather, the term describes the relationship that exists between the accused and the person they identify as the "victim."The victim does not have to be a spouse. It can be any member of the household, including a spouse or former spouse, children, siblings, a parent, or any other person who resides together as if a family or who has resided together in the past. Domestic violence cases can involve physical, emotional, sexual, psychological or even economic abuse.
Types of Domestic Violence
According to Florida Statute 741.28, you can be charged with a domestic violence crime if you are accused of:
- aggravated battery
- sexual assault
- sexual battery
- aggravated stalking
- false imprisonment
or any other criminal offense resulting in a family member being involved, hurt, or killed. A family member isn't only someone related to you by blood or marriage. For domestic violence, a family member can simply be a person with whom you have a child or a person you live or lived with, whether you were married to him/her or not.
In recent years, an offense called Domestic Battery by Strangulation was created. Under Florida Statute 784.041(2)(a) if you are accused of applying pressure to the throat or neck of a family member or blocked that person's nose or mouth to the extent that person's normal breathing was impaired, you can be charged with domestic battery by strangulation. This charge is a felony in the State of Florida and carries up to 5 years in prison and a $5,000 fine!
If you have been arrested for, or accused of, any of these offenses, you need a criminal defense attorney that will examine the proof against you! All too often an arrest is made for this charge when the alleged victim merely tells law enforcement "he grabbed my neck." Domestic violence defense attorney Jack Kaleita and former Florida Felony Prosecutor will closely examine the evidence in order to protect your rights and defend you against such charges.
The State often resists dropping charges in these types of domestic violence cases, even if your family member wants the charges dropped! However, even though the State does not necessarily have to follow the family member's wishes, the law does require that the State Attorney listen to their position. Jack Kaleita can help you make your family member's wishes known to the prosecutor.
We frequently receive questions about domestic violence charges under Florida law. In an effort to help you obtain as much information needed as possible, we have compiled those that we think are the most commonly asked questions. So please feel free to visit our Domestic Violence Frequently Asked Questions page to find more information on this subject or contact us directly.
Contact our Central Florida Domestic Violence Lawyer
DO NOT take a these charges lightly. If you or someone you care about has been charged with domestic violence in Orlando, Longwood or anywhere in Central Florida, defense attorney Jack Kaleita can help! As a former senior prosecutor, Jack is thoroughly familiar with how criminal cases are handled by the government. Use this knowledge to your advantage and contact us today! We have made every effort to be available when you need us the most. You may call us at (407) 831-7800 or Toll Free at (866) 422-7934. You may also fill out the online form provided at the top of this page or send us an email at email@example.com, and we will get back to you shortly.
- What does it Mean if I am Charged with a Crime Involving "Domestic Violence"?
- Don't you have to be Living with a Person to be Charged with Domestic Violence?
- If I am Sentenced on a Domestic Violence Charge, can my Record be Sealed Later?
- What if the other Person does not want to Press Charges Against me?
- Consequences of Having a Domestic Violence Injunction Filed Against You
- What is a Domestic Violence Injunction?