St. Petersburg Domestic Violence, Battery or Battery by Strangulation Charges
Domestic violence charges for domestic battery, felony battery by strangulation or for depriving a victim of the means to call 911 are some of the most commonly encountered criminal charges among ordinary, law-abiding people. In many cases an argument between spouses or persons living together, including family members, or those who are dating may get heated and lead to one of the parties dialing 911 hoping that the police will arrive and calm things down, or scare the other party. Sometimes, out of anger, self-defense or due to over-indulgence in alcohol, the parties will get into a physical altercation. Unfortunately, as many families and married or romantically linked couples have found out, once the police arrive they are often determined to take one of the persons involved to jail.
The Florida Law On Domestic Violence Requires Police and the State Attorney’s Office to Act
The determination of law enforcement to aggressively investigate and arrest for reports of domestic violence is actually required under Florida Statutes which state that incidents of domestic violence shall be treated as criminal acts instead of family matters to be sorted out by the two parties in the morning. The Florida law also requires that whenever a law enforcement officer is called to investigate a report of domestic violence, they not only must write up and file a police report, but also must explain reasons why an arrest was not made. These police reports are required to include detailed data on the incident and turned in to their supervisor. In many cases, it is much less of a problem for the investigating officer to determine which of the arguing parties is most at fault and take them to jail. The law also states that the decision to arrest someone for domestic violence does not depend upon the wishes of the victim.
The Prosecuting Attorney is Required to Proceed Aggressively On Domestic Violence Charges
Florida Statutes also require the State Attorney Offices to set up specialized domestic violence units of prosecutors who deal with the prosecution of these types of charges. The law requires prosecutors to favor prosecution of these incidents over dropping charges and also requires that the State Attorneys maintain a pro-prosecution policy for domestic violence cases. In some cases of first-time charges they will allow an accused individual to enter into a pre-trial domestic violence diversion program which will require probation-like supervision and generally attendance at anger-management counseling sessions. These programs can end with the dismissal of the charges if successfully completed. Other cases may be prosecuted aggressively. The law requires a minimum 10 day jail term if their is a conviction for a violent act which intentionally caused physical harm to the other person.
If You Are a Subject of a Domestic Violence Investigation or Arrest – Speak To an Attorney Before Speaking to the Police
No matter how innocent the incident may have been and how guiltless you feel you are, it is crucial not to speak to the law enforcement investigators before you consult with an experienced criminal attorney. You have an absolute right to remain silent, and other than providing your correct name and date of birth, you should politely decline any law enforcement requests for questioning. An experienced attorney working on your behalf can inform the police and the prosecutors of your side of the story without creating more evidence that can be used against you, as any statements you make will be.
Call Attorney Garry Potts at (727) 538-4166 or email him by clicking here to schedule a free initial consultation immediately.
