When police officers in Florida respond to a domestic violence call, they may or may not arrest one or more parties as it all depends on the circumstances surrounding the incident. Generally, in order for a situation to be classified as “domestic violence,” one or more family or household members would have engaged in a physical altercation that resulted in injuries. According to Florida Statute §741.28, any of the following could be classified as domestic violence when it involves family members, household members, or intimate partners:
- Aggravated assault
- Aggravated battery
- Sexual assault
- Sexual battery
- Aggravated stalking
- False imprisonment
- Any criminal offense that results in physical injury or death
Now, if police officers respond to a call for domestic violence, they can arrest an individual without a warrant if they have probable cause to believe one or more parties committed an act of domestic violence or dating violence, according to Florida Statute §901.15(7). The law states that the “decision to arrest shall not require consent of the victim or consideration of the relationship of the parties.” In addition, the law also says the state “strongly discourages” the arrest of both parties for domestic or dating violence on each other.
What if the wrong person was arrested for domestic violence?
Sometimes, an argument between a married couple or intimate partners can turn into a physical altercation that ends with an arrest. If an individual who was involved in a domestic dispute in Largo was charged with domestic violence but believes he/she was wrongfully accused of the crime, they should contact a Largo, FL criminal defense attorney as soon as possible.
In the event an individual was provoked or wasn’t the first to initiate the altercation, a criminal defense lawyer can help them understand their legal rights and what they are up against. Domestic violence isn’t taken lightly in the State of Florida which means anyone who is facing a charge for the crime will want to retain an attorney to assist with their case.
Can domestic violence charges be reduced or thrown it out?
While the court could lower the charge to a lesser degree or decide to throw it out, an offender shouldn’t assume this is going to happen in their case. Instead, if they believe their charges should be lowered or thrown out because they were wrongfully charged, they should hire a criminal defense attorney in Largo, FLwho can help them gather the evidence needed to prove to the court they are free from guilt.
Connect with a Largo, FL Criminal Lawyer Today
Trevena, Pontrello & Associates is a criminal defense law firm located in Largo, FL that is available to provide legal services to those who have been charged with domestic violence or any other criminal offense. To find out how an attorney can help an individual who has been arrested, contact Trevena, Pontrello & Associates at 727-581-5813.
With its office based in Largo Florida, Trevena Pontrello & Associates primarily practices in Pinellas, Hillsborough, and Pasco County, and throughout the state of Florida.
Trevena, Pontrello & Associates is located at:
801 W Bay Drive, Suite 509
Largo, FL 33770