Domestic battery, also referred to as domestic violence, is a charge that can be difficult to overcome. Defined as intentionally touching of another individual or striking a person without his/her consent, or inflicting bodily harm intentionally to someone who is a household or family member, Florida vigorously prosecutes those accused of domestic battery. A conviction will result in harsh criminal penalties and other consequences that can affect your life over the long-term. If you have been accused of domestic violence in Tavares, it is urgent that you consult with a skilled criminal defense attorney at Adams, Luka, & Benton now.
Who is Considered a 'Family or Household Member' in Domestic Battery Cases in Tavares?Florida Statute Section 741.28 holds that a family or household member may include:
Household or family members must be living in the same dwelling unit (single home) or have lived in the same single family home in the past, other than in the case of parents of a child or children who do not reside together.
Domestic battery may also involve other criminal charges depending on the circumstances, including sexual assault, stalking, spousal rape, harassment, or injunction order violations among others.
Domestic Battery Penalties in FloridaClassified as a first-degree misdemeanor, those convicted of domestic battery or violence will face penalties that include up to 12 months probation or one year in jail, a $1,000 fine, and other penalties outlined under Florida Statutes Chapter 741 due to the domestic nature of the offense. These mandatory penalties include:
In 2015, there were 1,560 reports of domestic violence incidents in Lake County. The Tavares Police Department reported 13 incidents, 8 of those being aggravated assault and 5 simple assault.
Contact Adams, Luka, & Benton NowAs experienced Tavares domestic battery lawyers, we know the importance of being proactive in your own defense when accused of any crime. We will review your case and thoroughly investigate the evidence, educate you regarding legal options and your rights, recommend the defense strategy we believe would be most effective in your case, and fight aggressively in court should your case go to trial. Take action immediately; contact our firm for a free consultation at 352-787-2101.
I would like thank my attorney Thomas Luka. I knew from the beginning I had the right guy in my corner. While celebrating with family and friends at a Public Park in Seminole County, a fight broke out among various people. Myself, and a good friend, broke up the fight and the instigators left. Six months later, I was wrongly accused as the person who started the fight. The first attorney I hired could not even get a response from the State Attorney handling the case. Someone referred me to Tom and I felt comfortable at his demeanor and reactions.
After conversations with Tom, who knew I would settle for nothing less than a FULL DISMISSAL due to my innocence, I hired him. His firm Adams, Luka, & Benton did the due diligence by interviewing witnesses and the police who were on the scene, as well as starting a dialogue with the State Attorney. After gathering statements from witnesses, Tom was able to present a strong argument on my behalf to the State Attorney on why the case should be dismissed. If the State Attorney was not willing to dismiss the case, Tom was ready to take the case to trial.
The result by Thomas Luka: Case Dismissed.
I am 53 years old with a spotless record and glad to keep it that way thanks to the time, effort, hard work, and professionalism of Adams, Luka, & Benton.