Tuesday, November 29, 2016


In Florida domestic battery allegations almost always result in one of the spouses being arrested. It isn't always the one who started the fight, nor the one who called 911, nor even the one who seems to be hurt the most who is arrested. In Pinellas County as in the rest of Florida domestic battery, assault, aggravated battery, aggravated assault and spouse battery are criminal acts that are believed to be threshold crimes. 

Not only are the crimes viewed as significant in and of themselves but judges and prosecutors pursue sentences with added heft because studies have shown that some unaddressed small violent acts if not corrected may lead to the commission of more extreme violent acts. Because even small violent acts are taken seriously an arrest is likely as is a thorough prosecution of each case even when the victim does not wish to prosecute as the State of Florida is also viewed as a victim in these cases.

At a minimum for misdemeanor arrests and convictions such as for simple battery, assault or simple domestic battery punishment may include anger management classes as a condition of six months probation in lieu of jail. Also, if guilt is admitted it may be possible to enter a Pretrial Intervention Program within the Pinellas County Domestic Violence Court with the charge being dismissed after a period of six months in some situations.

However, felony arrests are much more complicated because Florida guidelines and scoresheets may indicate that the judge should give jail or Florida prison time. If you or someone you care about has been arrested for a felony it's important to remember the the five best ways to avoid felony charges and not let a felony ruin your life. In domestic violence felony cases such as aggravated battery, aggravated assault, arson on a home or conveyance or assault with a deadly weapon the Florida sentencing guidelines and scoresheets will come into play driving up the possible sentencing ranges within which a judge must sentence unless your Clearwater criminal defense lawyer persuades the judge to accept and articulate for the record enumerated justifiable statutory reasons for going under the Florida sentencing guidelines.

It's always important to contact your Clearwater criminal defense lawyer as soon as possible if you've been arrested in Pinellas County, Florida so that the damage to your life and to your family and your employment opportunities from your arrest can be minimized and the best efforts made to get the best possible results possibly finding a way to dismiss or reduce the charges against you

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