Can Domestic Battery Charges Be Dropped in Florida?

You can get domestic battery charges dropped; however, it can be very difficult and your options depend on the circumstances of your case. The attorneys at Goldman Wetzel will investigate your arrest and determine the best approach to getting the state to drop your charges.

And because our attorneys work together on every case, we bring different experiences and ideas to all cases we handle. Contact Goldman Wetzel today learn more about how a St. Petersburg domestic violence lawyer may be able to persuade the state to drop your charges: 727-828-3900.

What Is Domestic Battery? 

Domestic battery, a form of domestic violence, is physical contact inflicted upon a family member without consent. This can include battery (e.g., punching or hitting someone), felony battery (e.g., strangulation), aggravated battery (e.g., battery on a pregnant woman), and sexual battery (e.g., rape).

Domestic battery is a first-degree misdemeanor; however, if you committed domestic battery on a pregnant woman, used a deadly weapon, or have previous convictions, you will face elevated charges. 

What Strategies Might Goldman Wetzel Use to Defend Against Domestic Battery Charges?

Once we have reviewed the state’s case against you, we will identify potential problem areas and weaknesses. Some of the potential strategies we may leverage to get your domestic battery charges dropped include the following:

  • Self-defense: If you only initiated physical contact to protect yourself from harm, we might be able to persuade the prosecutor to drop or reduce the charges.
  • Defense of Others: If you hurt a family member while protecting another person, we will argue defense of others.
  • Stand your Ground: Florida’s Stand Your Ground law allows you to use deadly force if a “violent intruder” is breaking into your home or your car. If, for example, an estranged family member was attempting to break into your home or car, we can argue for the use of Stand Your Ground. 

Other areas we might explore include the possibility of false accusations. If disputes exist among witness statements or if the evidence does not support the victim’s account of the incident, we may be able to negotiate with the prosecutor to reduce or drop your charges.

Even if the state refuses to drop the charges, we can argue for your acceptance into Pre-Trial Intervention. Upon your successful completion of the requirements of diversion, the state will dismiss the charges against you.

What if I Entered a No-Contest Plea to Domestic Battery Charges?

In Florida, law enforcement and prosecutors use specific tactics to induce domestic battery suspects to enter a guilty or no-contest plea.

Specifically, because people arrested for domestic violence cannot bond out before arraignment, prosecutors might use this time to attempt to induce a plea by telling suspects that they can go home immediately if they will plead to the charges — often with no further jail time required.

If this happened to you, you may have discovered later that the prosecutor failed to give you the whole story. Although you may not have to spend more time behind bars, you will likely face probation, mandatory completion of a Batterer’s Intervention Program (BIP), and community service.

Most importantly, your domestic battery conviction will remain on your permanent, public record permanently, with no option for sealing or expungement.

If you pled guilty or no-contest to domestic battery charges, contact an attorney immediately. You may have the option to withdraw your plea, but only if you do so within the statutory period.

We might be able to save your case but only if we start immediately. 

Schedule Your FREE Consultation With Goldman Wetzel Today.

Goldman Wetzel provides aggressive representation to clients who hope to get Florida criminal charges dropped. We will protect your legal rights and ensure that you understand exactly what your options are and how they will affect your life and your future.

Summer Goldman has experience as a prosecutor for Pinellas County and Maribeth Wetzel has dedicated her entire career to criminal defense. We understand how the system works and will ensure you receive the rights to which the Constitution entitles you. We also ensure the prosecution gets to know you so it sees you as a person, rather than a case file. We know how difficult this situation can be and will do all we can to achieve a reduction or dismissal of charges. And, if necessary, we will defend you against these charges in court.

If you have been arrested for domestic violence, call Goldman Wetzel as soon as possible so we can work with the prosecution to drop your charges: 727-828-3900.

Get the latest legal updates and news you want! Sign up for our monthly newsletter.

Previous Post Next Post