Domestic violence accusations alter lives overnight. At the Law Office of James M. Burns, our Pensacola-based defense team understands the fear and uncertainty that follow an arrest or even a single police visit. I have spent more than twenty years protecting Northwest Florida residents in the Warrington and greater Escambia County courts, and I approach every case with equal parts compassion and tenacity.
Florida law considers “domestic violence,” the penalties you face, the defenses that work, and the practical steps you must take right now. If you need immediate help, call (850) 457-6002 for a free, confidential consultation.
What Is Considered Domestic Violence Under Florida Law?
Domestic violence is broader than most people think. Under Florida Statute § 741.28, it includes assault, battery, sexual assault, stalking, kidnapping, false imprisonment, or any crime resulting in physical injury between family or household members. Family or household members range from current and former spouses to relatives, co-parents, and roommates. Florida’s pro-arrest policy means officers almost always make an arrest when they see probable cause, even if the alleged victim recants. Understanding this wide definition is the first step in forming a defense.
What Charges Can You Face?
Domestic violence is a label attached to various underlying crimes, from misdemeanors to serious felonies.
Common Charges
- Domestic Battery (Misdemeanor) – Intentional, unwanted touching or striking of a household member.
- Domestic Assault – A threat of violence creating reasonable fear, even without contact.
- Aggravated Domestic Assault/Battery – Use of a weapon or causing serious harm elevates the charge to a felony.
- Violation of an Injunction – Contacting the protected person against court orders is a first-degree misdemeanor.
Uncommon Charges
- Domestic Battery by Strangulation – A third-degree felony for choking or impeding breathing.
- Domestic Stalking – Repeated harassment or following of a partner or relative.
- Kidnapping / False Imprisonment – Restricting a partner’s movement, even briefly.
- Domestic Sexual Battery (Marital Rape) – Forced sexual contact within a domestic relationship.
- Property or Economic Abuse–Related Crimes – Criminal mischief, theft, or threats tied to financial control can be tagged as domestic violence.
Every allegation, common or rare, can land you in jail, stain your record, and shatter your reputation, so each demands the same vigorous defense.
Penalties for a Domestic Violence Conviction
Florida punishes domestic violence harshly. A first-degree misdemeanor domestic battery carries up to 12 months in jail and a $1,000 fine. Felony convictions bring far more: up to 5 years for a third-degree felony and 15 years for a second-degree felony. If the victim suffers bodily harm, judges must impose a minimum of five days in county jail, and that minimum rises when children witness the incident.
Conviction also triggers:
- 26-Week Batterers’ Intervention Program
- Permanent firearm ban under state and federal law
- A permanent, non-expungeable criminal record
- Professional and family consequences: licensing issues, immigration problems, and negative weight in child-custody disputes
- Standing restraining orders that limit contact and housing options
Because these penalties ripple through every area of life, early, strategic defense work is critical.
Can an Alleged Victim Drop the Charges?
Victims do not control criminal prosecutions in Florida. Once police file a report, the State Attorney decides whether to move forward. Prosecutors can and often do proceed without victim cooperation, relying on 911 recordings, photos, or witness statements. Although a sworn “no-prosecution” affidavit may influence the state, it rarely ends the case by itself. Attempting to persuade or pressure a victim can violate no-contact orders and add new charges. Let your lawyer handle all communication.
What to Do Immediately After an Accusation or Arrest
- Obey all court orders and stay away from the accuser.
- Remain silent and ask for an attorney-do not explain your side to police.
- Document your version of events. Save texts, emails, photos, and note witnesses.
- Stay off social media. Even innocent posts can be twisted in court.
- Call an experienced domestic violence defense lawyer. Early counsel can affect bond amounts, conditions of release, and even charging decisions.
In Escambia County, you will see a judge within 24 hours of arrest. Having counsel present can secure reasonable bond terms and preserve your freedom while the case proceeds.
Effective Defense Strategies
Solid defenses rely on facts, evidence, and legal nuances. I tailor every approach to the client’s unique situation, but proven strategies include:
- False Allegation – Showing the event never happened or motives exist to fabricate claims.
- Self-Defense or Defense of Others – Demonstrating reasonable force to prevent harm.
- Mutual Combat – Establishing both parties participated equally.
- Insufficient Evidence – Exposing gaps or inconsistencies that create reasonable doubt.
- Alibi or Mistaken Identity – Proving you were elsewhere or wrongly identified.
- Police Procedure Violations – Suppressing statements or evidence gathered in violation of constitutional rights.
A thorough investigation, body-cam footage, medical records, digital data, and witness interviews, often uncovers weaknesses the prosecution would prefer to keep hidden. Success may mean dismissal, acquittal, or a negotiated reduction to a lesser, non-domestic charge.
Fighting a False Domestic Violence Accusation
False accusations happen, often during divorce or custody battles. The key is evidence, not emotion.
- Collect exonerating proof—messages, location data, receipts, and supportive witnesses.
- Challenge credibility by highlighting inconsistent statements or ulterior motives.
- Consider polygraph or expert analysis as leverage in plea negotiations.
Patience is vital. Courtrooms favor clear, documented facts over heated arguments. James Burns, Pensacola domestic violence attorney, guides clients through each evidentiary step, ensuring every beneficial detail reaches the prosecutor or jury.
Do You Need a Lawyer to Defend a Domestic Violence Charge?
Legal skill makes a measurable difference. Florida’s evidence code, mandatory penalties, and Stand Your Ground provisions weave a complex web. Attorney James M. Burns, a lifelong Gulf Coast resident and seasoned trial lawyer, knows how Escambia County judges and prosecutors handle these cases and what arguments resonate with local juries. Going it alone risks harsher outcomes, longer programs, and missed opportunities for dismissal or diversion.
Contact Us for a Free Consultation
Facing domestic violence allegations in Pensacola, Navarre, or Milton? You do not have to fight alone. Call (850) 457-6002 or visit us at 611 N New Warrington Rd, Suite 2, Pensacola for your free case review. We’ll listen to your story, map out a defense, and stand beside you every step of the way.