Domestic Violence Charges in Florida

Florida has no separate domestic battery statute for ordinary cases; assault, battery, stalking and other crimes causing injury between family or household members (spouses and former spouses, relatives by blood or marriage, people who live or lived together as a family, and parents of a child in common) are 'domestic violence' and are charged under the regular statutes. A person adjudicated guilty of a domestic violence crime who intentionally caused bodily harm must serve a minimum of 10 days in county jail for a first offense, 15 days for a second and 20 days for a third or later offense (15, 20 and 30 days if it happened in front of a child under 16 who is a family or household member). Domestic battery by strangulation, impeding the breathing or blood circulation of a family or household member or dating partner by pressure on the throat or neck or blocking the nose or mouth so as to create a risk of or cause great bodily harm, is a third-degree felony (up to 5 years). A second battery after a prior battery conviction is also a third-degree felony.

Florida's rule on court-appointed lawyers: An applicant for a public defender applies to the clerk of the court for a determination of indigent status and 'shall pay a $50 application fee to the clerk for each application for court-appointed counsel filed,' within 7 days of applying; if unpaid at disposition, the court may assess it as part of the sentence. A person found indigent may not be refused counsel for failure to pay the fee. An applicant is indigent if income is equal to or below 200 percent of the then-current federal poverty guidelines, or if receiving TANF-Cash Assistance, poverty-related veterans' benefits or SSI. The clerk makes the determination; an applicant found not indigent may seek review by the court, which makes the final determination. Fla. Stat. § 27.52

Lawyers set their own fees, and Florida has rules on how they may charge. See hiring a criminal defense lawyer in Florida for fee rules, how to check a lawyer's license and free help.

How release before trial works in Florida: 'The purpose of a bail determination in criminal proceedings is to ensure the appearance of the criminal defendant at subsequent proceedings and to protect the community against unreasonable danger from the criminal defendant.' The court considers factors including the nature and circumstances of the offense, the weight of the evidence, the defendant's family ties, residence, employment, finances and mental condition, past conduct and prior convictions or failures to appear, danger to the community, the source of bail funds, whether the defendant is already on pretrial release, probation or parole, and danger to victims (§ 903.046(2)). The Florida Supreme Court must adopt a uniform statewide bond schedule for offenses not described in § 903.011(6); local schedules generally may not set lower amounts, and the schedule 'shall not bind a judge in an individual case.' A person meeting § 903.011(6) criteria — including a current charge of a capital, life, first-degree or second-degree felony — may not be released before his or her first appearance hearing or bail determination. Fla. Stat. §§ 903.011, 903.046 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Florida expungement and record sealing rules.