Will I face incarceration for a domestic violence conviction?

On Behalf of | Jul 6, 2023 | Criminal Defense, Domestic Violence |

Domestic violence allegations are unfortunately common in Florida. Often, domestic violence charges put otherwise law-abiding people in situations they never expected to be in.

There are many concerns that accompany this type of charge. One question is if there will be jail time and its potential duration.

Imprisonment is a possibility after a domestic violence charge

Some of the acts that can lead to a domestic violence charge include assault, battery, sexual assault, stalking, kidnapping, false imprisonment and any crime that involves physically injuring or killing another person in the household.

According to state law, domestic violence in which another person was intentionally harmed will result in at least 10 days in county jail if it is a first offense. The penalties increase with subsequent offenses. It will be 15 days for a second offense and 20 days for a third offense or more.

The penalties are more severe if the act occurred while there was a child younger than 16 present. If so, the sentence is at least 15 days in the county jail for a first offense. A second offense carries 20 days and a third or subsequent offense carries 30 days.

Even with these potential penalties, the court is still able to sentence the person to probation, community control or additional incarceration.

Community control might be an unfamiliar term to some. Another term for it is house arrest. It is more constraining than probation, but less so than incarceration.

People charged with domestic violence should understand their options

The possibility of jail time is just one problem connected to a domestic violence charge. A conviction can negatively impact every aspect of a person’s life. If, for example, they are trying to get a certain kind of job and they have a domestic violence conviction, it could impede them. It can also harm their chances for advancement.

After being arrested for domestic violence, it is essential to understand the potential avenues of defense and how to address the charges. There may be viable alternatives available to avoid the worst-case scenario.