A Port St. Lucie police officer is on administrative leave after officials say he slapped his wife several times before punching her. Officials say that the woman sustained injuries but refused medical treatment. The man faces charges of domestic violence.
If you’re facing charges of domestic battery, a Port St. Lucie criminal defense attorney can help you understand and answer the charges. Florida law prohibits assault and battery. There is also a separate crime for assault and battery when the victim is a family or household member. Domestic battery in Florida is any intentional contact or striking of another person without the person’s consent. It may also mean intentionally causing bodily harm to a family or household member.
Florida’s domestic battery law 741.28 explains what the family relationship has to be in order to count as a family or household member for the purpose of the law. The law says that spouses, ex-spouses and anyone related by blood or marriage count as family for the purposes of the law. People who have a child in common or people who have lived together qualify. In most cases, the family members must either currently live together or have lived together at some point, but there is an exception for parties who have a child in common. A Port St. Lucie battery defense attorney can help you understand if the relationship in your case qualifies as a domestic relationship for the purposes of the domestic battery law.
Even a first offense domestic violence is a serious offense. In Florida, a first-offense domestic violence charge is a first-degree misdemeanor. A person who receives a domestic battery conviction may serve up to 12 months in jail and pay a fine of up to $1,000. In addition, the court may require the offender to complete 26 weeks of a domestic violence intervention program. A domestic battery conviction can cost you your job, volunteer opportunities and the right to carry a concealed weapon. You have the right to a trial and the right to the assistance of an experienced criminal lawyer in Port St. Lucie.
Port St. Lucie Battery Defense Lawyer
A Port St. Lucie domestic battery defense lawyer can help you explore defenses. There are many applicable defenses in a domestic battery case including self-defense, stand your ground laws, defense of property and mistake of fact. Domestic battery cases often involve only two witnesses. With the help of an experienced Port St. Lucie criminal lawyer, you can examine the witness statements and call the case against you into question. If you or someone you know have been in a similar legal situation contact Jonathan Jay Kirschner, Esq., & Associates, LLC at (772) 489-8501.