Domestic Violence, Assault and Battery Attorney
Servicing Indian River/ St. Lucie/ Brevard/ Okeechobee and Martin counties
Under Florida Statute 741.28, Domestic Violence Battery is defined as the touching or striking of a family member, household member, or domestic partner against their will. Assault (784.011) is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so and doing some act which creates a well-founded fear and Battery (784.03) is the intentional touching or striking of another person against their will; or intentionally causing bodily harm to another person. Under Florida law, assault is a misdemeanor but can be elevated to a felony with the use of a deadly weapon. Battery is likewise a misdemeanor but is a felony when there is serious bodily injury, a deadly weapon is used or if the victim is law enforcement. Battery by Strangulation (784.041) is a felony of the third degree and there is a minimum mandatory sentence of 5 days in the county jail for domestic violence battery if there is an injury.
There are a number of collateral consequences when a person is convicted or enters a plea to domestic violence battery. The Defendant will be asked to forfeit his/her concealed weapons permit and is not eligible to have their criminal history record sealed or expunged.
In many cases those accused of crimes violence are really the victims of the offense. Your case should be closely analyzed by an experienced trial attorney for possible defenses including self-defense and/or the STAND YOUR GROUND defense. “Stand Your Ground” can render the Defendant immune from prosecution when effectively implemented as a defense. Many times, especially in domestic violence situations, the accused is actually the victim. False Reporting of domestic violence can and does happen.
A word from Andrew B. Metcalf
Our firm has decades of experience dealing with cases involving alleged acts of violence. We understand the seriousness of these accusations. After all, these charges can result in jail or prison sentences. I have the experience and knowledge to aggressively defend you in court. I have been a practicing trial lawyer for over 23 years and have served as President of the Florida Association of Criminal Defense Lawyers.
You Can Trust Green & Metcalf - Attorneys at Law Who Advocate for You
- Avvo rating of 10
- The National Trial Lawyers top 100 trial lawyers
- 55+ years of combined trial experience
- Serving the Treasure Coast since 1975
- 24/7 availability
- Provides aggressive representation
- Licensed in both State and Federal Courts
- Past President of Florida Association of Criminal Defense Lawyers
Call 772-569-1001 to Schedule a Free Consultation in Vero Beach
Please call the law offices of Green & Metcalf to schedule your free consultation in Vero Beach and learn how our assault and battery attorneys can assist you. You can count on us for aggressive representation and accessibility when you need it the most.