Getting Ahead of Your Domestic Violence Charge in Florida

When you are facing a domestic violence charge, it can feel like your life is suddenly under a microscope. At Morris Law Firm, we guide you through this process with attentive, practical support, helping you understand the charges, your legal options, and the steps needed to address your case effectively. We focus on protecting your rights, your time with your family, and your future opportunities. Contact us today for a free consultation and start getting ahead of your domestic violence charge.

Understanding Domestic Violence Charges in Florida

If you’ve been accused of domestic violence in Florida, it’s important to understand what the law defines as “domestic violence” and how it applies to your situation. These charges can involve more than just physical altercations. They may include allegations of threats, stalking, emotional abuse, or any act that causes fear or harm to a family or household member.

At Morris Law Firm, we take the time to walk you through the charges, explain the legal process, and outline the steps we can take to minimize the impact a domestic violence charge has on your life.

Why Early Legal Action Is Critical

Taking steps early in a domestic violence case can significantly influence the direction and outcome of your situation. Immediate legal guidance allows you to respond strategically and protect your rights from the very start.

Some key reasons early action matters include:

Preserving evidence and documenting events accurately
Understanding and responding to restraining orders or temporary measures
Communicating appropriately with law enforcement and prosecutors
Developing a tailored defense strategy before deadlines or court appearances
Minimizing the impact on your personal and professional life

The Serious Consequences of a Domestic Violence Conviction

Being charged with domestic violence is not the same as being convicted, but once a conviction appears on your record, the effects can ripple through every part of your life.

At Morris Law Firm, we can help you confront these charges head-on, working to reduce or dismiss your charges entirely.

Jail Time and Criminal Penalties

The penalties for a domestic violence conviction in Florida vary depending on the situation.

Penalty Category	Penalties
Jail or Prison Time	Up to 1 year in county jail for a first-time misdemeanor. Felony charges resulting in 5+ years in state prison
Mandatory Minimum Sentences	10 days for 1st offense involving bodily harm15 days for 2nd offense20 days for 3rd or later offense with victim injury
Fines and Fees	Up to $1,000 for misdemeanors$5,000+ for feloniesCourt costs, probation fees, counseling expenses
Probation and Counseling	Completion of 26-week Batterers’ Intervention Program (BIP)Up to 1 year probation with strict conditions

Loss of Firearm Rights and Other Civil Restrictions

Convictions for domestic violence carry serious consequences that extend beyond jail time and fines. Other consequences include:

No firearms: Federal and Florida law ban anyone convicted of domestic violence from owning or carrying a gun.
Job restrictions: You may be unable to work in careers that involve firearms, like law enforcement, security, or military service.
Contact limits: Courts often issue no-contact or restraining orders that restrict communication with family members, even your children.
License problems: Certain professional licenses in fields like healthcare, education, or public service can be denied or revoked.
Daily challenges: These restrictions can interfere with parenting, work, and other parts of your normal routine.

Job Loss and Reputation Damage

A domestic violence conviction in Florida can impact both your professional and personal life. Employers often discover convictions through criminal background checks, which can affect both hiring decisions and job security. Professional licenses and security clearances may be suspended or revoked, limiting your ability to work in certain fields.

The resulting social stigma can strain workplace relationships and your standing in the community. Rebuilding your reputation and stability can be a long process, but having the right criminal defense attorney by your side early can help protect and defend your future.

Impact of Domestic Violence Charges on Child Custody

When domestic violence charges enter the picture, they don’t just affect your record. It can change how much time you’re able to spend with your children. In Florida, courts take these allegations very seriously when deciding custody and visitation. That’s why it’s so important to protect your rights and the bond you share with your children from the start.

Florida’s Presumption Against Shared Parental Responsibility

If a parent is convicted of domestic violence, Florida law presumes that shared custody may not be in the child’s best interest. This means you could lose joint decision-making rights unless you can show the court that involvement is safe and appropriate.

Supervised Visitation and Custody Limitations

Courts may order supervised visitation or restrict overnight stays until it’s clear that the child’s safety isn’t at risk. These arrangements can be temporary, but it makes having skilled legal representation even more important when rebuilding your parenting rights.

Protecting Your Parental Rights During Legal Proceedings

Having an attorney by your side ensures that your relationship with your children stays protected while your case moves forward. We help present your side clearly, comply with court orders, and work toward fair custody terms that respect your role as a parent.

Florida Domestic Violence Statistics You Should Know

Domestic violence cases in Florida are taken seriously, and the numbers show just how prevalent these incidents are. Data shows:

Domestic violence reports: In 2020, Florida saw 106,515 domestic‑violence offenses reported.
Arrests: Law enforcement made 63,217 arrests related to these cases, though not all arrests lead to convictions.
Homicides: Domestic violence accounts for roughly 20% of all murders in the state each year.
Prevalence: Lifetime estimates indicate that about 37.9% of women and 29.3% of men experience intimate-partner violence, stalking, or sexual violence.

How Morris Law Firm Can Help You Defend Your Case

The sooner you get ahead of a domestic violence charge, the more control you have over the outcome. At Morris Law Firm, we focus on guiding you through each step, from reviewing evidence to planning your defense. Acting early can help protect your relationships, maintain stability in your daily life, and limit long-term consequences. Contact Morris Law Firm today to start building your defense and get ahead of your domestic violence charge.

Choosing a Lawyer if You’re Facing Aggravated Battery Charges in Florida

If you have been arrested or are under investigation for aggravated battery in Florida, you are facing one of the most serious charges in the state’s criminal justice system. The penalties are steep. A conviction can mean prison time, major fines, a permanent criminal record, and a lasting impact on your future.

The first step in fighting your aggravated battery charges is choosing the right lawyer who knows how to approach the courts and give you a more favorable outcome. The attorneys at Morris Law Firm have decades of experience handling serious criminal charges. If you’re looking for an experienced aggravated battery lawyer in St. Petersburg, FL, Morris Law Firm offers free, confidential consultations.

Understanding Aggravated Battery Under Florida Law

Under Florida Statute § 784.045, aggravated battery involves more than just physical contact. It includes a higher level of harm or the use of a weapon. A person can be charged with aggravated battery if they:

Intentionally touch or strike another person against their will and
Cause great bodily harm, permanent disability, or permanent disfigurement
Use a deadly weapon
Knowingly commit battery against a pregnant victim

This is a more serious offense than simple battery, which is typically a misdemeanor. Aggravated battery is classified as a violent felony. Morris Law Firm's criminal defense lawyers understand your case isn’t just another case but the future of your life and we’ll work to give it back to you.

Is Aggravated Battery a Felony or Misdemeanor in Florida?

Aggravated battery is always a felony in Florida. It is a second-degree felony, which carries the following potential penalties:

Up to 15 years in Florida state prison
Up to 15 years of probation
Up to $10,000 in fines

If a firearm was used, the penalties may increase significantly under Florida’s 10-20-Life statute. The law requires:

A 10-year mandatory minimum sentence for using a firearm during the commission of a qualifying felony
A 20-year sentence for firing the firearm
A 25-year-to-life sentence if the firearm is discharged and causes death or great bodily harm

In these cases, judges have limited discretion, and the law mandates the sentence regardless of the circumstances. If someone was seriously injured or killed, the offense may also be reclassified and carry a potential life sentence. Your attorney will have to approach your defense in a very thorough and attentive way, and that calls for the right professional legal help.

Potential Consequences of an Aggravated Battery Conviction

A conviction for aggravated battery does more than result in a prison sentence or fine. It can create long-term consequences that affect every area of your life.

Criminal Penalties

Aggravated battery is classified as a second-degree felony in Florida, punishable by up to 15 years in state prison. Sentences typically include a minimum mandatory term of 21 months unless a judge finds grounds for reduction.
Convicted individuals may face up to 15 years of probation following incarceration.
Court-ordered restitution to the victim for medical bills, emotional trauma, and other damages is common.
Fines can reach up to $10,000, with additional court costs and fees.

Criminal Record and Loss of Civil Rights

A felony conviction remains on your criminal record permanently. In Florida, you may also lose:

The right to vote
The right to serve on a jury
The right to own or possess firearms
Eligibility for sealing or expungement in most cases

Employment and Housing

Many employers run background checks and may refuse to hire individuals with violent felony records. A conviction can also prevent you from holding or renewing professional licenses in fields such as healthcare, education, law, and real estate. Landlords may deny rental applications based on your criminal history.

Immigration Consequences

If you are not a U.S. citizen, a conviction for aggravated battery can lead to serious immigration problems. You may face deportation or be found inadmissible to the United States, even if you are a lawful permanent resident. In the current immigration climate, you may be detained for extended periods of time or outright deported if you aren’t legally prepared.

Domestic Violence Enhancements

If the alleged victim is a spouse, former partner, family member, or someone you live with, the court may classify the incident as domestic violence. This can lead to additional penalties including:

Mandatory no-contact orders
Court-mandated counseling programs
Loss of custody or visitation rights
Ineligibility for certain plea agreements

What to Do After an Arrest for Aggravated Battery

Your actions immediately after an arrest can have a significant impact on the outcome of your case. If you are arrested or think you are under investigation:

Do not speak to police or investigators without a lawyer present.
Do not post about the incident on social media or discuss it with friends or family.
Write down everything you remember about the incident, including names of witnesses and any potential evidence.
Preserve any evidence that may support your defense, such as photos, videos, or text messages.
Contact an aggravated battery criminal defense attorney as soon as possible.

The sooner you have legal representation, the better your chance of building an effective defense strategy.

How to Choose the Right Defense Lawyer for Your Case

Not every criminal defense lawyer has the background needed to handle a violent felony like aggravated battery. When choosing a lawyer, look for someone with:

Specific experience defending aggravated battery cases
Knowledge of Florida’s sentencing enhancements, such as 10-20-Life
Familiarity with the local courts, judges, and prosecutors in Pinellas County
A history of success at trial and in pre-trial negotiations
The ability to identify and challenge weaknesses in the prosecution’s evidence

Consider how well the attorney communicates. You need someone who is clear about your options and explains what to expect at every step.

Important questions to ask include:

Have you handled aggravated battery cases similar to mine?
What were the outcomes?
What defenses do you see based on the facts of my case?
Will you personally handle my case, or will it be passed to someone else?

Why Choose Morris Law Firm for Aggravated Battery Defense?

At Morris Law Firm, we are dedicated to defending clients charged with serious crimes, including aggravated battery. We bring experience, preparation, and persistence to every case. If you ask us any of the above questions, we will give you a strong answer. We know what it takes to get the favorable outcome our clients deserve and we’ll do everything in our power to secure it.

We take the time to investigate each case thoroughly. That includes:

Reviewing all police reports, surveillance footage, and witness statements
Interviewing defense witnesses
Consulting forensic experts when necessary
Identifying potential defenses such as self-defense, defense of others, or mistaken identity
Filing motions to suppress illegally obtained evidence
Negotiating to reduce or dismiss charges when possible, but preparing for trial when necessary

We understand that a felony conviction can impact your entire future and even lead to jail time. That’s why we work hard to protect your rights and pursue the best possible outcome. Everyone in Florida deserves to have their day in court with the right legal team, and at Morris Law Firm, we will work hard to defend your rights.

Contact Our St. Petersburg Defense Team Today

If you or a loved one has been arrested for aggravated battery, it’s important to get experienced legal help immediately. Morris Law Firm represents clients in St. Petersburg and throughout Pinellas County who are facing serious violent crime charges.

The choices you make now can protect your future.

How Do You Drop a Domestic Violence Charge in Florida?

If you are the victim of a Domestic Violence crime in Florida, can you drop the charges?

While the voice of the victim of a crime matters and is influential, it is the State Attorney’s (the prosecutor) determination on whether or not a criminal charge will ultimately be filed or if charges will be dropped.

So what can a victim do to drop domestic battery charges in Florida?

Domestic violence charges include any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member. Most often individuals are arrested for Domestic Battery.

Victims have legal rights in the State of Florida as established by Marsy’s Law which is a victim’s rights law. Specifically, those victims rights are found in Article I (Declaration of Rights) Section 16 (Rights of accused and of victims) of the Florida Constitution and include:

The right to have standing in court
The right to be present at all proceedings involving the case
The right to be heard in any proceeding during which a right of the victim is implicated including release, plea, sentencing, disposition, parole, revocation, expungement or pardon

Thus, even though the State Attorney has the final word, they must take into consideration the wishes of the victim in the case.

A victim can do the following to influence the State Attorney’s decision on whether or not to file a formal criminal charge (called filing an Information or a No Information):

The victim can make their wishes known in writing:

This can be accomplished by the victim filing a Request Not To Prosecute. This form can be found at the Clerk of the Court’s office and may be filed in any domestic related criminal case. The document states that the victim 1) Does not want the Defendant prosecuted; 2) Is not in fear of the Defendant; and 3) Desires contact with the Defendant.

The victim can speak with the State Attorney (prosecutor) and indicate that they do not want the Defendant prosecuted:

In most misdemeanor cases the State Attorney (prosecutor) will call the victim and ask them what happened and what they want to see happen with the case. In felony cases the victim will be asked to come in person to an interview conducted by the prosecutor. Here again, the prosector will ask the victim what happened and what outcome they desire in the matter. Oftentimes a victim who states that nothing like the incident in question has ever happened before and that they do not desire prosecution may influence the prosecutor’s decision and the charges may be dropped.

The victim can hire an attorney to act as a Victim Advocate:

The State Attorney does not represent the victim per se. The State Attorney represents the interests of the State of Florida. The case is not The Victim vs. The Defendant - it is The State of Florida vs. The Defendant. While the State Attorney takes into consideration the victim’s wishes, the prosecutor is not the victim’s attorney. A victim in a criminal case has a right to hire their own attorney to represent and protect their interests. Criminal defense attorneys are excellent choices for Victim Advocates in criminal cases as we understand exactly what happens in a criminal case.

Hire a criminal defense attorney to represent the Defendant:

If you are the victim and don’t want to prosecute, you should ensure that the Defendant has a criminal defense attorney. The criminal defense attorney can interview you (the victim) and ensure that your point of view is properly relayed to the State Attorney. Critical information you may have as the victim can also be used in defense of the Defendant. An attorney can also assist with having contact granted between the Defendant and Alleged Victim by requesting a hearing to have the No Contact Order removed.

There are many factors that the State Attorney may take into account when determining whether or not they will drop charges in a domestic violence related case, these include:

Whether or not the victim is credible
If the victim provided a false statement to law enforcement
If the victim was in fact the initial aggressor
If the victim was a willing participant in the incident (what is referred to as a mutual brawl)
Whether or not the victim has a clear recollection of what happened and if that memory was influenced by alcohol, prescription medications, or drugs
If there are factors including family relationships and financial implications that would negatively impact the victim
If the victim is not willing to cooperate with prosecution

Your best opportunity for success is to have an attorney advocating for you as early as possible. With early intervention there is oftentimes an opportunity to have the charges dropped.

Speak to an experienced Domestic Violence Defense Attorney:

If you are the alleged victim and want to drop criminal charges in Florida, or if you have been arrested for Domestic Battery or any type of domestic violence related charge or if you are a victim and need a Victim Advocate, or if you have had an Injunction For Protection Against Domestic Violence filed against you (or if you are the Petitioner), call the Morris Law Firm at 727-388-4736, Option 1 for New Clients for a strategic review of your case and representation. The Morris Law Firm handles misdemeanor and felony criminal cases throughout the Tampa Bay area and is dedicated to criminal defense.

Seth Shapiro Awarded Avvo Clients' Choice for 2024

ST. PETERSBURG, FLORIDA -

Seth Shapiro, Attorney at Law, Owner at the Morris Law Firm has been awarded the Avvo Clients’ Choice Award for 2024. See Seth Shapiro’s Avvo Profile here.

The Avvo Clients’ Choice Award is presented each year to attorneys based on their positive relationships with their clients. Recipients of the Clients’ Choice Award are primarily evaluated on the strength of the attorney’s relationships with clients, and the number of positive attorney ratings left on Avvo by clients. As the name implies, this award means that the recipients really are the “Clients’ Choice.”

Seth Shapiro has been given the Avvo Clients’ Choice Award in 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, and 2024.

Avvo is an online legal service marketplace that offers legal advice and provides ratings of legal professionals. Approximately 97% of U.S. lawyers are rated by Avvo that allows prospective clients to research attorneys based on their reviews and ratings.

Contact the Morris Law Firm at (727) 388-4736 for a strategic review of your criminal case. Seth Shapiro represents clients who have been arrested or charged with a crime throughout the Tampa Bay Area, including Pinellas and Hillsborough counties.

Morris Law Firm Attorneys rated one of the Top 3 Criminal Defense Lawyers in St. Petersburg!

St. Petersburg, Tampa Bay, Florida

The Morris Law Firm’s attorneys Melinda Morris & Seth Shapiro have been rated one of the Top 3 Criminal Defense Lawyers in St. Petersburg by ThreeBestRated.com for 2024.

The Three Best Rated review team selected the Morris Law Firm for the accolade using a 50-Point Inspection that includes everything from checking reputation, history, complaints, ratings, satisfaction, and general excellence.

https://threebestrated.com/criminal-defense-lawyers-in-st-petersburg-fl

Three Best Rated® was created with the simple goal of helping consumers find the top 3 local businesses, professionals, restaurants and health care providers in a city. Three Best Rated® displays only businesses that are verified by their employees as they believe that consumers engaging businesses they find on the internet deserve only the best.

Three Best Rated® notes that businesses do not pay them to list them ever. They believe that local businesses provide better and personal services locally. Their policy is free to list because if a business can pay to list, then is it really the best business?

Why You NEED An Attorney at the First Appearance / Advisory Hearing

After a criminal arrest, a defendant must be seen at a First Appearance Hearing (also called Advisory Hearing) within 24 hours under Florida’s Rules of Criminal Procedure if they have not already posted a bond and have been released.

If the defendant has not posted bond, or in the case of a domestic related offense (domestic battery, stalking, violation of injunction, or a violation of pre-trial release) the defendant must be seen at an Advisory Hearing (also known as a First Appearance Hearing) before a judge.

So what happens at a First Appearance / Advisory Hearing and why do you need an attorney there?

There are six issues addressed at a First Appearance / Advisory Hearing:

#1 - Advising the Defendant of their Constitutional Rights

A Defendant must be advised of their constitutional rights including:

The right to remain silent and the fact that anything the defendant says may be used against them.
The right to an attorney and if unable to afford an attorney that the Public Defender will be appointed.
The right to communicate with counsel, family, or friends, and if necessary, the Defendant will be provided reasonable means to do so.