A police officer knocks on your door, the red-and-blue squad car lights flashing on the road behind him. You're being charged with domestic violence again, and this time, you know the consequences will be more severe because of your prior convictions.
As the handcuffs tighten around your wrists, your mind races with questions about what happens next. It’s in times like these that strong legal representation is of the greatest importance. Our Fort Walton Beach domestic violence lawyers understand what you're going through and have helped many clients navigate similar situations.
How Prior Convictions Impact Your Current Case
Under Florida Statute 741.283, a second domestic violence offense carries mandatory minimum penalties. The law specifically addresses how prior convictions enhance the severity of new charges and limits the court's discretion in sentencing. Additionally, Florida Statute 921.0024 outlines the enhanced scoresheet points for defendants with domestic violence priors.
Bond Considerations with Domestic Violence Priors
When you have previous domestic violence convictions, securing pretrial release becomes more challenging. The judge must consider your history when setting bond conditions. For example, you may face higher bond amounts, GPS monitoring requirements, or even pretrial detention if the courts deem you a threat to the alleged victim.
Florida's Enhanced Penalties for Repeat Offenders of Domestic Violence
Florida law establishes specific penalties for repeat domestic violence offenders. While a first offense carries a minimum sentence of 10 days in the county jail, a second offense calls for at least 15 days, and third or subsequent offenses require a mandatory minimum sentence of 20 days.
Fines also increase with subsequent offenses, and all repeat offenders must complete a 26-week Batterer's Intervention Program. Additional penalties may include extended probation periods, permanent loss of firearm rights under federal law, mandatory substance abuse evaluation and treatment, and required restitution to the victim for counseling expenses.
A Common Scenario: Family Gathering Gone Wrong
Consider this hypothetical situation: John has a five-year-old domestic violence conviction from an incident with his ex-wife. He's now attending a family dinner with his current partner and extended family.
During dinner, an argument erupts about his teenage son's behavior. The situation escalates when John's partner intervenes, and he allegedly grabs her arm to prevent her from leaving the room. His sister-in-law, concerned about past incidents, calls the police.
Because of his prior domestic violence conviction, police arrest John immediately rather than issuing a notice to appear. Under Florida Statute 741.29, law enforcement must make an arrest when probable cause exists, regardless of the victim's wishes.
The judge sets the bond at $10,000 instead of the $2,500 he got with his first offense. Prosecutors seek felony charges based on the allegation of physical restraint. John faces mandatory jail time if convicted, and his job at a federal contractor is at risk due to the new charges.
Understanding Defense Strategies for Prior Offenders
Your Florida criminal defense lawyer will work with you to develop sound strategies for your particular case. The experienced legal team at Flaherty & Merrifield will help to pave the best possible path forward despite your prior domestic violence convictions.
Challenging the Prior Conviction's Admissibility
We examine whether previous convictions were properly obtained, including whether you had proper legal representation and if all constitutional rights were protected.
Investigating Current Allegations
We conduct thorough investigations of current charges, including interviewing witnesses, reviewing physical evidence, and examining police body camera footage for procedural errors.
Exploring Treatment-Based Alternatives
We work to demonstrate your commitment to addressing underlying issues through voluntary enrollment in anger management, substance abuse treatment, or counseling programs.
Negotiating with Prosecutors
We leverage mitigating factors and rehabilitation efforts to negotiate potential charge reductions or alternative sentencing options.
Building Strong Mitigation Arguments
We develop comprehensive mitigation packages showing positive life changes since prior incidents, including employment history, character references, and community involvement.
Long-Term Consequences of Multiple Convictions
Multiple domestic violence convictions create cascading effects that impact nearly every aspect of your life. Beyond the immediate legal penalties, you may find yourself unable to pass employment background checks.
Housing applications often screen for violent offenses, making it difficult to rent apartments or obtain mortgages. In child custody proceedings, courts view repeat domestic violence convictions as evidence of potential risk to children, leading to no-contact orders.
Professional licensing boards may suspend or revoke your credentials. For non-citizens, multiple domestic violence convictions can trigger deportation proceedings or prevent naturalization.
