Sentencing For Domestic Violence Charges
Florida law requires that if a person is adjudicated guilty of a crime of domestic violence and the person has intentionally caused bodily harm to another person, the court shall order that person to serve a minimum of 10 days in jail in the county jail or state prison for a first offense, 15 days for a second offense, and 20 days for a third or subsequent offense as part of the sentence imposed.
Florida law also requires that if a person is found guilty of a crime of domestic violence that person shall be ordered by the court to a minimum term of 1 year of probation. The imposition of probation by the court does not preclude the court from imposing any sentence of imprisonment allowed.
Florida law in addition requires that if a person is found guilty of a crime of domestic violence that the person be required to attend and complete, at the persons expense, a batterers intervention program (which shall be at least 29 weeks in length and include 24 weekly sessions, plus appropriate intake, assessment and orientation programming) as a condition of the mandatory 1 year of probation.
In addition to the above-mentioned mandatory minimums in a domestic violence case the judge can impose up to the maximum period of jail or prison for the charge or charges and up to the maximum period of probation for the charge or charges. Also the judge can require additional sanctions like community service, a substance abuse evaluation and any recommended treatment, random drug testing, a mental health evaluation and any recommended treatment, cost of investigation, cost of prosecution and court costs.
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