Domestic Violence Pretrial Diversion Programs

Because Florida’s definition of domestic violence is a broad one, a crime of domestic violence may carry almost any sentence, from a misdemeanor to a capital felony. If you have been charged with this type of offense, it is important to take it seriously – but it is important to be aware that if your alleged offense meets certain criteria, you may be eligible for a program that can keep you out of jail.

A Chance To Avoid Jail Time

Florida’s domestic violence statute includes any criminal offense that results in “physical injury or death” to a person who has a certain relationship to the alleged perpetrator – for example, a former spouse or a person living with the perpetrator “as a family” would qualify. The presence of domestic violence primarily affects sentencing – for example, if a person is convicted of domestic battery, the sentence will usually be harsher than it would be for a non-domestic battery.

The state of Florida takes domestic violence accusations very seriously – but at the same time, Florida’s dockets are busy and it is considered a positive if defendants can be processed in a way other than at trial. Pretrial diversion is one of the ways that the state’s judicial system has found that cuts down on docket traffic while granting a defendant the chance to avoid jail time if the program is completed.

Not A “Get Out Of Jail Free” Card

In Florida, each judicial district operates its own pretrial diversion programs, so a person facing charges in Palm Beach County may have a different experience than one in, say, Hillsborough. County. In general, however, a person may be eligible for pretrial diversion if:

• A person is either a first offender, or has not been charged with more than one nonviolent misdemeanor;
• They have been charged with either a misdemeanor or a third-degree felony; and
• Both the program administrator and the victim consent.

If a person is accepted into a domestic violence diversion program, they must know it is not easy to complete the work. This type of program can include anger management classes, mental health and/or substance abuse treatment, and other resources designed to make the defendant less of a risk to reoffend. However, a failure to complete the program means that the charges against a participant will be back on the docket, with all the potential consequences they had before.

Contact A West Palm Beach Domestic Violence Attorney

If you have been charged with a crime of domestic violence in Florida, you need the right West Palm Beach criminal defense attorney to protect your rights. The firm of Perlet & Shiner, P.A. can guide you through the legal process and work hard toward a fair outcome. Call our office today at (561) 721-0552 to speak to an attorney.