Our Fort Walton Beach domestic violence defense lawyers help Florida residents understand the full range of alternative sentences that could apply to their cases. With decades of combined experience, the legal team at Flaherty & Merrifield knows how to pursue reasonable outcomes that focus on rehabilitation rather than punishment. Let’s discuss possible legal options that can help safeguard your future.
When Alternative Sentences for Domestic Violence May Be Available
Picture this: It's your first offense, there were no injuries, and the alleged victim supports pursuing counseling rather than jail time. This is exactly the type of domestic violence situation where the court may consider alternative sentencing options.
The state attorney's office reviews several factors when considering alternative sentences. These include:
- Your criminal history
- The severity of the incident
- The alleged victim's wishes
- Your willingness to accept responsibility
- Your commitment to addressing underlying issues
For example, imagine a military member stationed at Eglin Air Force Base facing domestic violence charges after an argument with his wife. Because he has no prior record and his wife supports treatment over prosecution, we can advocate for his participation in a pretrial diversion program.
However, alternative sentences may not be available in assault and battery cases involving serious injury or when the defendant has prior domestic violence convictions. The court is also unlikely to consider alternative sentencing if the incident involved a weapon or occurred in front of children.
How Florida’s Domestic Violence Diversion Programs Work
Domestic violence diversion programs in Florida offer a structured path to avoid conviction while addressing underlying behavioral issues. These programs typically run for 12 to 18 months and include multiple components:
- Batterers' intervention programming (BIP)
- Substance abuse evaluation and treatment, if needed
- Parenting classes when children are involved
- Regular court appearances to monitor progress
- Payment of program fees and court costs
- No contact with the alleged victim unless modified
- Random drug and alcohol screening
Diversion program requirements vary based on individual circumstances. For instance, if alcohol played a role in the incident, you may need to complete substance abuse treatment. If children witnessed the event, parenting classes become mandatory.
Success in domestic violence diversion programs requires full commitment. Missing classes, failing drug tests, or getting arrested for any reason typically results in immediate removal from the program. Once removed, you face prosecution for the original charges with limited options for plea negotiations.
Pretrial Intervention Programs
Florida Statute 948.08 allows certain first-time offenders to participate in pretrial intervention programs as part of their alternative sentencing. These programs, which also last around 12 to 18 months, typically include:
- Regular meetings with a program supervisor
- Domestic violence counseling
- Random drug and alcohol screening
- Community service hours
- Anger management classes
- Restitution if applicable
Successfully completing the program results in dismissal of domestic violence charges. However, you must follow all program requirements exactly. Missing appointments or failing to complete required courses can result in removal from the program and prosecution of the original charges.
Anger Management and Counseling Requirements
Most alternative sentences include mandatory anger management classes, which typically involve:
- Weekly group sessions for 26 to 29 weeks
- Individual counseling as needed
- Homework assignments and journaling
- Progress reports to the court
- Final evaluation before completion
The court may also order marriage counseling or family therapy if both parties are willing to participate. These sessions focus on communication skills, conflict resolution, and addressing underlying relationship issues that contributed to the incident.
Modified No-Contact Orders
While most Florida domestic violence cases start with strict no-contact orders, these can sometimes be modified through alternative sentencing options. Requirements often include:
- Both parties agreeing to the modification
- Completion of initial counseling sessions
- Clean drug and alcohol screens
- Steady employment or school enrollment
- No new criminal violations
- Regular court appearances
These modifications allow families to work toward reconciliation while maintaining court supervision and support services.
Financial Considerations and Fee Waivers for Alternative Sentences
Alternative sentencing programs involve various costs. You may need to pay program enrollment fees, counseling session charges, drug testing expenses, and court fees. However, financial hardship shouldn't prevent participation. Many available programs offer:
- Sliding scale payment plans
- Fee reduction for eligible participants
- Payment arrangements based on income
- Possible assistance through social services
Our Fort Walton Beach criminal defense lawyers can help you explore financial assistance options and payment plans that make alternative sentencing more accessible.
We understand the stress and uncertainty you face after a domestic violence arrest. Let us review your case details, explain potential alternative sentencing options, and develop a strategy to protect your rights and freedom.
