How much jail time do you get for a Domestic Violence Battery?
The follow is from the site of Florida Criminal Defense lawyer Stephen G. Cobb in regards to the penalties: Domestic Violence is a specialized form of assault or battery, and may be charged as a misdemeanor or a felony. The penalties are enhanced, and the consequences are far more serious. Incarceration may be for up to one (1) year in a misdemeanor case and up to life in a felony case for certain types of Domestic Violence, such as Lewd or Lascivious Molestation of a minor family member. The site The Law Net has this to offer on Domestic Violence Battery: If charged with domestic violence, assault and battery, or spousal abuse in Florida, you could face the following: Mandatory counseling Mandatory jail time No contact with the victim / spouse or your children Fines and court costs Community service Anger management class Mandatory incarceration if convicted No return to your residence If you or someone you know is charged with the crime if not done so already see about getting a lawyer. If you or the person this applies to cannot afford one seek out about getting a public defender. I have included the web site for the office of the Public Defender in Florida. The two links tells you about the consequences for the crime and the last one is the public defender link.
Domestic violence and battery charge?
Domestic Violence is a misdemeanor in Florida; although, it is the highest level of misdemeanor but I don't know what that means as far as sentencing goes. I also don't know about the battery charge. If this is first offense, it depends on if the victim wants to press charges or not. If not, then most likely no jail time will be given depending on what the battery charge is all about. If the victim does want to press charges, then I guess it would depend on the situation and the attorneys and the judge maybe 30 days in jail, probably serve less than half of that...
Simple battery/domestic violence?
You know what you should do. Don't be someone who fools themselves into thinking they are staying in a disfunctional relationship for the child. You would be staying in it for you. You are a victim, so it would be difficult for you to look at the situation objectively. Just imagine your best friend, that you love with all of your heart(or your sister) is in the same situation. What would you tell her? You know that it will happen again, no matter what he says. You are telling yourself "Well it only happens 4 times a year, so it isn't that bad, I could get beat every day". Does that sound mentally healthy? How much physical and mental abuse would you take before you call it quits? How bad would it really have to be? Getting punched on a daily basis? Being spit at? being kicked over and over again while you are laying on the ground, unable to protect yourself. Maybe you would come to your senses the day he loses his temper on your boy and punches him in the face. It is up to you what you do, but don't be afraid to change your life. I am sure you don't want to wake up 30 years from now thinking "My life would be so much better and I would be so happy now, if only I would have left my grouchy, ornery, unhappy husband 30 years ago." I am sorry if I am a bit harsh, but I know quite a few people in, or that have been in, abusive relationships and still stuck by their man. I was in one for over two years and I honestly didn't even realize it until it was over because it just became routine and then because of that it became acceptable. One day I woke up and I asked myself if I was happy and if I could spend the rest of my life like this. I was 23 years old and there was no way I was going to stay and put myself through abuse the rest of my life. Who knows, maybe the next time he choked me he would have lost total control and maybe I would have died. We didn't have children, but if we did, I probably would have left him even sooner. OH YEAH, MOST IMPORTANT. GET AN ATTORNEY! HE HAS ONE, SO SHOULD YOU!!!!
-Misdemeanor Domestic Battery charge, against me, from my once fiance. Do I need an attorny?
When it comes to Domestic Violence in this Country the laws SUCK and they usally look like they are fork the victim but in reality they are for the offender. Now when you say that "holding/wrestling" ensued in the state of Illinois she would have needed to go to the hosptail if the cops did not come right away. She also would need to have marks on her and a good doctor could tell how long they have been on her. If you were "holding" her and she was able to get you arrested for it then you must have been grabing her pretty tight. In the state of Illinois it is very hard for you to prove that you didn't do anything but since formal charges have applied then my best advice is to get an attorney and then enroll before your court date in an ANGER MANAGMENT class. That will look really good to the judge and if you ("claim") didn't mean to do it it will show the judge that you were serious enough to realize that you did something wrong and it will make you look better. Don't get me wrong I think that you were wrong for a laying your hands on a female (unless it is in self-defense). I am a Criminal Justice student and I am hoping to work with Victims of Domestic Violence.
Why was I given a Simple Battery charge and not a domestic battery as a juvenile?
The "substantial different and infants" area of it would desire to be what finally disqualifies you. the subject stems out of your conviction of a criminal offense of substantial different and infants violence. this style of conviction makes it unlawful (criminal) which you would be able to own a firearm pursuant to the Lautenberg Ammendment. This regrettably applies to service in the militia besides. refer to a recruiter via all ability, yet i've got self assurance which you would be prohibited from transforming into a member of based on the character of the conviction.
Sec. 1. (a) A law enforcement officer may arrest a person when the officer has:(1) a warrant commanding that the person be arrested;(2) probable cause to believe the person has committed or attempted to commit, or is committing or attempting to commit, a felony;(3) probable cause to believe the person has violated the provisions of IC 9-26-1-1.1 or IC 9-30-5;(4) probable cause to believe the person is committing or attempting to commit a misdemeanor in the officer's presence;(5) probable cause to believe the person has committed a:(A) battery resulting in bodily injury under IC 35-42-2-1; or(B) domestic battery under IC 35-42-2-1.3.The officer may use an affidavit executed by an individual alleged to have direct knowledge of the incident alleging the elements of the offense of battery to establish probable cause;(6) probable cause to believe that the person violated IC 35-46-1-15.1 (invasion of privacy);(7) probable cause to believe that the person violated IC 35-47-2-1 (carrying a handgun without a license) or IC 35-47-2-22 (counterfeit handgun license);(8) probable cause to believe that the person is violating or has violated an order issued under IC 35-50-7;(9) probable cause to believe that the person is violating or has violated IC 35-47-6-1.1 (undisclosed transport of a dangerous device);With all of this takn into account, there are not any exceptions to a misdemeanor crime.- See more at: Indiana Code Title 35. Criminal Law and Procedure IN CODE § 35-33-1-1 | FindLaw
What's the difference between felonies and misdemeanors?
Could be a felony only because it happened on the public way or if you did more than get into a fight, such as kick the stuffing out of the other to the point they need hospitalization. Rare for the prosecutor to approve felony just because of "on the public way". Felony battery is more likely charged when you are using a dangerous weapon, you actually put a hole in the other guy and if the other person was a protected party such as an on duty cop, transit employee, mailman, public school teacher, and in LV the special police who are casino employees. Inside a building public place does not count as public way.
Maybe. It depends on what the misdemeanor is, how recent it was, and the circumstances of the incident. If the offense is for domestic violence or some sex offense, you're done. Don't even try. If it's for a violent offense, such as assault and/or battery, you will need around ten years (this varies) of very clean living between the offense and your application. You will need to show that you realized your mistake and have the ability to conduct an honorable, law-abiding life. If the offense is a "moral turpitude" crime, such as shoplifting or embezzlement, you may be disqualified. This is a "maybe" situation, and while one agency might accept you, another one wouldn't. Once again, you'll need to show you can lead a law-abiding life for a good stretch of time. A DUI can be disqualifying for ten years or more. Complete abstinence from alcohol is recommended. An offense like minor in possession of alcohol won't be overlooked, but it's not as damaging as some of the others I mentioned. In every case, the agency doing your background investigation will do their best to get the original report of the offense, and to interview anyone connected with it. If there were any extenuating or aggravating circumstances about the matter, you want to be the one to tell your background investigator about it. If they find out on their own that the situation was more screwed up than you described it to be, you're probably going to get disqualified. Those stretches of clean living between your offense and your application need to be exemplary in every way. No arrests, no tickets, good work history, all bills paid, etc. If you have a conviction on your record, the bar is going to set higher for you.
Can I become a police officer with a domestic battery on my record that happened 14 years ago?
Get a No Cost Background Check Scan at https://bitly.im/aNMGZ Its a sensible way to start. The site allows you to do a no cost scan simply to find out if any sort of data is in existence. A smaller analysis is done without cost. To get a detailed report its a modest payment. You may not realize how many good reasons there are to try and find out more about the people around you. After all, whether you're talking about new friends, employees, doctors, caretakers for elderly family members, or even significant others, you, as a citizen, have a right to know whether the people you surround yourself with are who they say they are. This goes double in any situation that involves your children, which not only includes teachers and babysitters, but also scout masters, little league coaches and others. Bottom line, if you want to find out more about someone, you should perform a background check.
In Illinois, USA, "Domestic Violence" is a term used to describe a range of offenses, including battery, when the participants have a defined domestic relationship with each other. Other States may have a different specific definition, but the general idea is when one person in the relationship is harming another person in the relationship."Domestic Battery" is the specific offense of one person in a defined domestic relationship battering another person in that relationship. "Domestic Violence" can include the battery and/or other crimes, such as harassment, unlawful restraint, or interference with the reporting of a domestic battery. "Reasonable direction of a minor by a parent" is specifically exempted from the statute.So... what's a "defined domestic relationship?" It originally started out as being a boyfriend/girlfriend or husband/wife, or people who were formerly in those relationships. Now it includes domestic partners, people who have a common child, family members, other household members (such as a nanny or live-in caregiver), and people who share or have shared a common dwelling.If you've had trouble sleeping lately, here's something that might help: 750 ILCS 60/ Illinois Domestic Violence Act of 1986.Interesting factoid: The local Major University had a spike in Domestic Violence arrests a few years ago and many people were wondering why... it turns out that the Department of Education had recently tweaked their Clery Act reporting standards involving domestic violence, and those statistics began to include fights between roommates in residence halls (who "shared a common dwelling"). What had once been a situation handled by residence hall staff -- getting one or the other people moved into a different room -- had become a must-arrest situation.