Lawyer in court | Florida domestic violence defense lawyer

Florida Domestic Violence Defense Lawyer Outlines Criminal Prosecution Statute of Limitations

The state of Florida takes domestic violence cases seriously, with specific laws governing how long prosecutors have to file charges. If you're facing potential domestic violence allegations, it's important to understand the statute of limitations and how it may impact your case. Our Fort Walton Beach domestic violence defense lawyers can provide invaluable guidance during this uncertain time.

Misdemeanors and Felonies Have Different Time Limits

In Florida, the statute of limitations for domestic violence charges depends on the severity of the alleged offense. 

Misdemeanor Domestic Violence Charges

For misdemeanor domestic violence offenses, such as simple battery or assault, the state must file charges within two years of the alleged incident. If more than two years have passed since the alleged event, prosecutors generally cannot bring charges against you.

Felony Domestic Violence Charges

Felony domestic violence charges, including aggravated battery or assault with a deadly weapon, have a longer statute of limitations. The state has three years from the date of the alleged incident to file these more serious charges.

Particularly severe offenses, like domestic violence with a deadly weapon, are different. Classified as first-degree felonies, they do not have a statute of limitations under Florida law. Prosecutors can file charges several years after the alleged incident. 

Exceptions to the Statute of Limitations

It's important to note that there are exceptions to these general rules. The time limit may also be paused or “tolled” if:

  • The alleged victim was a minor at the time of the incident
  • New and significant evidence is discovered
  • The accused is deliberately fleeing or hiding from prosecution
  • DNA testing can identify the suspect

When the Statute of Limitations Expires

If the statute of limitations expires before charges are filed, it can have significant implications for your case.

Prosecutors Cannot File Criminal Charges

Once the statute of limitations has passed, prosecutors are generally barred from filing domestic violence charges related to that specific incident. This means you cannot be prosecuted for that alleged offense.

Potential Defense Strategy

If charges are filed after the statute of limitations has expired, your Fort Walton Beach domestic violence defense lawyer can use this as a defense strategy. They may file a motion to dismiss the case based on the expired statute of limitations.

Civil Liability 

An alleged victim of domestic violence may have a legal right to file a civil lawsuit against the perpetrator. However, most personal injury claims in Florida have a two-year time limit. By the time the criminal statute of limitations expires, so does the civil liability related to the incident. 

Why You Shouldn't Wait to See What Happens

While it might be tempting to wait and see if the statute of limitations expires, this approach can be risky.

Uncertainty and Stress

Living under the shadow of potential charges can be incredibly stressful. The uncertainty can impact your personal and professional life, even if charges are never filed.

Loss of Evidence

As time passes, valuable evidence that could support your defense may be lost or become less reliable. Witnesses' memories fade, and physical evidence can degrade or disappear.

Proactive Defense Strategies

By waiting, you miss out on opportunities to build a proactive defense strategy. Early intervention by a Florida domestic violence defense lawyer can sometimes prevent charges from being filed in the first place.

How a Fort Walton Beach Domestic Violence Defense Lawyer Can Help

If you believe domestic violence charges might be brought against you, it's crucial to contact a criminal defense lawyer as soon as possible.

Protect Your Rights

An experienced lawyer can help protect your rights throughout the investigation process, ensuring you don't inadvertently say or do anything that could be used against you.

Build a Strong Defense

Even if charges haven't been filed yet, a lawyer can start gathering evidence and building a strong defense strategy on your behalf.

Negotiate with Prosecutors

In some cases, a skilled lawyer may be able to negotiate with prosecutors to prevent charges from being filed or to reduce potential charges.

Proven Track Record of Successful Defense

Don't let the uncertainty of potential domestic violence charges control your life. At Flaherty & Merrifield, our experienced Fort Walton Beach domestic violence defense lawyers are here to help. We understand the complexities of Florida's domestic violence laws and can provide the guidance and representation you need during this challenging time. 

In one case, our client JD was accused of battery against his brother. We secured a written statement from his brother describing what happened and the prosecution dismissed the case. They were never required to testify against each other and were able to reconcile their relationship.

Tim Flaherty
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Criminal defense lawyer serving the entire Fort Walton Beach area providing help when you need it the most.