laserdvd.com: criminal attorney pinellas
www.laserdvd.com, 18 Dec 2001 [cached]
Click here to read a comprehensive pamphlet provided by Karleen F. DeBlaker, Clerk of the Circuit Court, Pinellas County, to alleged victims of domestic violence following an arrest.Do the Facts of Your Case Fit the Legal Definition of Domestic Battery?Domesticity is defined to include spouses, former spouses, relatives, persons who reside together as if a family, persons who formerly resided together as if a family, or persons who have a child in common.See Florida Statutes Section 741.28(2). + Battery is defined as the intentional touching or striking of a person against their will, regardless of injury . See Florida Statutes Section 784.043.Consequences & Penalties Effective July 1, 2001 Florida Statutes require the court to impose a mandatory minimum sentence of five days in the county jail for anyone convicted of a domestic violence offense in which the victim was injured in any way. ( Florida Statutes Section 741.283) Under Florida law, if you have been previously convicted or received a "withhold of adjudication" for domestic violence, simple battery, aggravated battery, or felony battery, then a new charge of domestic violence will be treated as a felony . (Florida Statues Section 784.03(2)) Florida Statutes Section 948.03(12) provides that anyone convicted of domestic violence must attend and successfully complete a Batterers Intervention Program as a condition of probation or house arrest.The probationary period, by law, must last a minimum of one year. (Florida Statutes Section 741.281) In Pinellas County, this program consists of twenty-six consecutive weeks of counseling, instruction, and supervision at the Defendant's expense . If you have a concealed weapons permit , and you are arrested for domestic violence, your privilege to carry a concealed weapon will be subject to immediate suspension . (Florida Statutes Section 790.06(3)) If you are caught carrying a concealed weapon at a time that your permit is under suspension, you risk being charged with a felony offense that carries penalties of up to five years in state prison.The Lautenberg Act (18 USC Section 921) enacted by the United States Congress in 1996 makes it a federal criminal offense to own, use, or possess a firearm after you have been convicted of domestic violence.A conviction for domestic violence may provide a sufficient legal basis for the issuance of a permanent restraining order . (Florida Statutes Section 741.30(1)(a)) Such a restraining order will often include a restriction prohibiting you from returning to the residence previously shared with the alleged victim. (Florida Statutes Section 741.2902) Any subsequent violation of the restraining order may not only subject you to contempt of court proceedings, but also prosecution for a new criminal offense. (Florida Statutes Section 741.31) If your release from the Pinellas County Jail includes a " No Contact With Victim " condition, your subsequent direct or indirect contact with the victim will cause a revocation of your R.O.R. status or a revocation of the bond that you previously posted.