Seasoned Domestic Violence Defense in Sarasota County, FL
While we care deeply about our spouse, romantic partner, or family member, disagreements and arguments can happen from time to time. Sometimes, a dispute can become physical, leading to a visit from the police and immediate regret from all parties involved. Unfortunately, domestic battery charges, either a felony or a misdemeanor, are very serious and have consequences that go beyond just the criminal charge. It can be embarrassing and very stressful.
Facing domestic violence allegations in Sarasota or Arcadia, FL? The Law Offices of Eric Reisinger can protect your rights, freedom, and future. Eric Reisinger has handled thousands of domestic battery cases as a prosecutor in Sarasota and Manatee counties and now as a criminal defense attorney. Our Sarasota domestic violence attorney will use these skills and experiences to fight to protect your rights.
In Florida, domestic violence means committing a violent crime, sex crime, or any criminal offense causing physical injury or death against a family or household member, such as a current or former spouse, dating partner, relative, or even roommate.
The most common type of domestic violence offense in the state is domestic battery, which means intentionally hitting or touching someone else without consent, or inflicting bodily harm on another individual. Domestic battery is a first-degree misdemeanor, punishable by a maximum jail term of one year and a fine not exceeding $1,000.
However, if the offense involves intentionally impeding a loved one’s breathing or blood circulation, you could be charged with domestic battery by strangulation. This offense is a third-degree felony, which carries a prison sentence of up to five years and a maximum fine of $5,000.
It is also important to note that the charges can be enhanced if the alleged victim is pregnant or age 65 or older. The battery of a person over 65 years of age is considered a third-degree felony, and the battery of a pregnant family or household member can be enhanced to a second-degree felony.
Penalties for Domestic Violence Convictions in Florida
Florida imposes severe penalties for domestic violence convictions, which are fundamentally enhancements to existing assault or other criminal charges. The classification depends on the underlying offense, the presence of aggravating factors, and prior convictions.
Misdemeanor Penalties
Domestic Battery (First-Degree Misdemeanor):
Jail Time: Up to 1 year in county jail.
Fines: Up to $1,000.
Probation: Up to 1 year.
Mandatory Minimums: Even for a first offense, a mandatory minimum 5 days in jail may be imposed if the offense involved a minor under 16 present in the home.
Batterers' Intervention Program (BIP): Mandatory completion of a 26-week BIP course (at your expense).
Community Service: Mandatory minimum of 10 days (or 20 hours).
No Contact Order: A permanent no-contact order is often imposed.
Firearm Prohibition: A conviction for misdemeanor domestic battery will result in a lifetime federal ban on possessing firearms.
Domestic Assault (First-Degree Misdemeanor):
Jail Time: Up to 1 year in county jail.
Fines: Up to $1,000.
Probation: Up to 1 year.
Violation of a Protective Injunction (First-Degree Misdemeanor for first offense):
Jail Time: Up to 1 year in county jail.
Fines: Up to $1,000.
Felony Penalties
Domestic Battery by Strangulation (Third-Degree Felony):
Violation of a Protective Injunction (Third-Degree Felony for repeat offenses):
Prison Time: Up to 5 years in state prison.
Fines: Up to $5,000.
Aggravating Factors & Enhancements
Prior Domestic Violence Findings: Any prior finding of domestic violence (even a prior withheld adjudication for battery) can enhance future charges to felonies, particularly for repeat battery offenses.
Use of a Deadly Weapon: This elevates assault or battery to an aggravated felony.
Serious Bodily Injury: Elevates battery to an aggravated felony.
Impeding Breath/Circulation: Automatically a Third-Degree Felony (Domestic Battery by Strangulation).
Victim's Status: If the victim is pregnant, an elderly person, or a disabled person.
Presence of a Child: Mandatory minimum jail time if a minor (under 16) is present during the domestic battery.
Violations of Injunctions: Repeated violations become felonies.
The severity and escalating nature of these penalties underscore the critical need for a strategic and aggressive domestic violence lawyer in Sarasota.
Understanding the Impact of Domestic Violence Charges
Facing domestic violence charges can be overwhelming, not only for the accused but also for their families. It’s crucial to grasp the full implications of these charges, as they can affect your personal life, employment opportunities, and future legal standing. Our team at the Law Offices of Eric Reisinger, PA, is dedicated to providing you with comprehensive support and guidance throughout this challenging process.
Here are some important factors to consider when dealing with domestic violence allegations:
Legal Consequences: Domestic violence charges can lead to serious legal repercussions, including fines, probation, and even imprisonment. Understanding the potential outcomes is essential for effective defense.
Emotional and Psychological Effects: The stress of facing such allegations can take a toll on your mental health. Our attorneys can connect you with resources for emotional support and counseling.
Impact on Family Relationships: Domestic violence cases can strain family dynamics. We can help you navigate these sensitive issues while working towards a resolution that protects your rights and your loved ones.
Rebuilding Your Life: Regardless of the outcome, our firm is committed to helping you rebuild your life. We can provide guidance on expungement options and other steps to move forward positively.
Our experienced attorneys are here to listen to your story, advocate for your rights, and help you find the best path forward. In navigating such complex cases, having a reliable defense team not only aids in legal strategy but also provides the emotional reassurance needed during uncertain times. Our commitment is not only to fight the legal battle but also to support you and your family through each step of the process.
Trust Our Sarasota Domestic Violence Attorneys with Your Case
The Law Offices of Eric Reisinger, PA, is committed to providing comprehensive legal services for individuals accused of domestic violence. Our firm can assist clients in understanding their legal rights, formulating a robust defense strategy, and advocating on their behalf throughout the legal proceedings.
Beyond the legal intricacies, our firm recognizes the emotional toll that domestic violence accusations can take on individuals and their families. Thus, we take the time to offer compassionate legal support, guiding clients with empathy through the challenging legal process. We also prioritize open communication, ensuring that clients are well-informed and actively involved in their legal defense.
Our dedication to a personalized approach means that we tailor each defense strategy to address the specific circumstances and needs of our clients. This ensures not only a well-prepared defense but also fosters a sense of reassurance and clarity in the face of daunting legal challenges.
To learn more about our Sarasota domestic violence attorneys' legal services, contact us online or call (941) 541-5335 today.
Frequently Asked Questions About Domestic Violence Charges in Sarasota
Does a Domestic Violence Call Automatically Result in Arrest?
Yes, in many Sarasota cases, a domestic violence call often leads to an arrest, even if the alleged victim does not wish to press charges. Law enforcement officers are trained to arrest one party if they believe probable cause exists. Once arrested, there is typically no immediate bond, meaning the accused must remain in jail until the first court appearance. Judges often impose no-contact orders, which can prohibit the accused from returning home or contacting the alleged victim—even if they are a spouse. These conditions can last until the case concludes or the court modifies them. This is why hiring a defense attorney early is critical to protecting your rights and freedom from the outset.
How Are Domestic Violence Cases Handled in Sarasota?
Domestic violence cases in Sarasota are pursued aggressively by police and prosecutors. Once a report is made, law enforcement investigates the scene and often makes an arrest to prevent further conflict. The accused will face a first appearance hearing where bond and conditions such as no-contact orders are set. From there, the case proceeds through arraignment, pretrial hearings, and potentially trial. Our attorneys at the Law Offices of Eric Reisinger understand Sarasota’s legal system and provide strategic representation at every stage to secure the best possible outcome for your situation.
What Should I Do After Being Charged with Domestic Violence in Sarasota?
If you are charged with domestic violence, you should immediately seek legal representation and avoid discussing the incident with anyone, including the alleged victim. Comply fully with law enforcement instructions and any court orders, such as no-contact restrictions. An experienced defense attorney will guide you through the legal process, negotiate with prosecutors, and help you understand any programs or steps you can take to reduce the severity of the charges or potentially have them dismissed.
How Can I Fight a Domestic Violence Charge in Sarasota, FL?
Fighting a domestic violence charge involves building a strong legal defense based on the specific facts of your case. Common defenses include self-defense, lack of intent, false accusations, or insufficient evidence. An attorney can review all police reports, cross-examine witnesses, and challenge the legality of the arrest or evidence collection. At the Law Offices of Eric Reisinger, we use our prosecutorial background to anticipate the state’s approach and present a compelling defense designed to protect your future.
Can a No-Contact Order Be Lifted in Sarasota?
Yes, in some cases, a no-contact order can be lifted or modified with court approval. This typically requires a formal request, often supported by the alleged victim’s consent, and must demonstrate that contact would not pose a risk. Judges carefully weigh the facts before modifying these orders. Our team can file the necessary motions and represent you during the hearing to seek the order’s removal or revision, particularly when family unity or shared living arrangements are at stake.
What Happens at the First Appearance in a Domestic Violence Case?
At the first appearance, a judge will review the charges, consider the arrest report, and determine whether bond will be granted. This hearing usually occurs within 24 hours of arrest. The judge may impose strict conditions such as no-contact orders, GPS monitoring, or supervised release. Having an attorney present at this stage can be instrumental in advocating for favorable terms and influencing the direction of your case from the beginning.
Is It Possible to Have Domestic Violence Charges Dropped?
Yes, but it’s not guaranteed—even if the alleged victim wishes to drop the charges. In Florida, the prosecution decides whether to move forward with the case. However, an experienced defense attorney can present evidence, negotiate with the State Attorney’s Office, and argue for dismissal based on the lack of evidence, procedural errors, or the victim’s unwillingness to testify. At the Law Offices of Eric Reisinger, we know how to pursue every available option for dismissal or reduction.
Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.
Not Guilty Verdict2016 CF 004875 NC – Life Felony Second Degree Murder
Not Guilty Verdict2017 CF 000169 – Life Felony Armed Robbery
Successful Resolution2017 CF 002479 AX – 15 Counts of Possession of Child Pornography
Not Guilty Verdict2017 MM 11498 – Misdemeanor Battery and Misdemeanor Sex Offense -Unnatural and Lascivious Act
Case Dismissed2018 CF 000323 – Two Counts Felony Battery on a Person 65 or Older
Case Dismissed2018 CF 002675 AX–Felony Battery on a Person 65 or Older
When you hire the Law Offices of Eric Reisinger, PA to defend you on a criminal charge, we will conduct a full investigation of the circumstances leading to your arrest. As a former prosecutor at the State Attorney’s Office, Attorney Reisinger has in-depth knowledge and understanding of how the state prepares and presents its cases.
