Domestic violence victims might file charges against the person who committed the offense. In Florida, anyone convicted of domestic violence faces jail time. The offender’s past history may impact their minimum sentence in the courtroom.
Domestic violence penalties
Under Florida law, domestic violence involves the intentional infliction of bodily harm to another person. Upon conviction, a first offender faces 10 days in the county jail while a second-time offender looks at a minimum of 15 days. Third-time and subsequent offenses involve 20-day minimum sentences although the court could sentence the defendant to a nonsuspended period of incarceration.
The penalties increase if a child under 16 is present during the incident. The above-mentioned first-, second-, and third-time minimum sentences increase to 15, 20 and 30 days in county jail.
Defendants facing domestic violence charges should understand that the court could impose other penalties, such as community service and probation. The court might order a jail sentence longer than the minimum penalty.
Domestic violence defenses
Although someone might face accusations of domestic violence, the charges could be unfounded. A partner could make false accusations, which some might do to deflect attention from their criminal behavior.
For example, one partner might attack another, and the person who defends themselves faces domestic violence charges. A witness could refute the claims, such as a neighbor hearing an argument that does not match the alleged victim’s version of events.
Others might face certain convictions and worry about penalties beyond the minimum jail sentence. Petitions for leniency may result in less harsh sentencing, including fewer additional days in jail or reduced hours of community service. The case’s specifics may lead a judge to be more lenient.