Lakeland Domestic Violence Defense Lawyer - Domestic Battery
Experienced Domestic Violence Defense attorney providing Criminal Law Legal Services in Bartow, Lakeland, Winter Haven, Auburndale, Haines City, Polk County, and the greater Central Florida area.
Call 863-354-0508 today to schedule a Free Consultation with domestic violence defense lawyer, Robert A. Norgard.
What begins as a heated verbal argument between spouses, family members, or romantic partners can escalate into a nightmare in a matter of minutes. In the State of Florida, once law enforcement responds to a domestic disturbance call, the situation is completely out of your hands. Even if the alleged victim changes their mind, apologizes, or refuses to cooperate, local prosecutors—not the victim—make the final decision to press formal criminal charges.
Florida enforces an incredibly aggressive stance against domestic violence allegations. A conviction can result in mandatory jail time, strict probation, the mandatory loss of your Second Amendment rights, and a permanent criminal record that can never be sealed or expunged.
If you or a loved one has been arrested or is facing a restraining order, immediate representation by a veteran trial lawyer is paramount. At the Law Office of Robert A. Norgard, located in Bartow, Florida, we provide tireless, strategic defense against domestic violence charges throughout Bartow, Lakeland, Winter Haven, Auburndale, Haines City, and all communities across Polk County and Central Florida.
Florida Board Certified Criminal Trial Lawyer
Domestic violence cases are uniquely emotional and often boil down to "he-said, she-said" scenarios with little to no physical evidence or independent witnesses. Successfully defending against these charges requires an attorney who knows how to dissect police reports, cross-examine witnesses effectively, and identify hidden motives, such as a spouse fabricating allegations to gain leverage in a pending divorce or child custody battle.
The Specialist Advantage: Attorney Robert A. Norgard has been Board-Certified in Criminal Trial Law by The Florida Bar since 1995 and has successfully navigated over 200 criminal jury trials.
As a certified expert—a credential held by fewer than 1% of practicing lawyers in Florida—Mr. Norgard possesses the elite courtroom skills and investigative insight necessary to challenge the prosecution’s narrative, build a bulletproof defense, and aggressively fight to protect your freedom and family.
Florida Domestic Violence & Battery Crimes
Under Florida Statute § 741.28, domestic violence encompasses any criminal offense resulting in the physical injury or death of one family or household member by another. The most frequent charges pursued by Polk County prosecutors include:
Domestic Violence Battery (F.S. § 784.03)
This occurs when a person intentionally touches or strikes a family or household member against their will, or intentionally causes them bodily harm. Potential Penalties: Classified as a First-Degree Misdemeanor, punishable by up to 1 year in county jail, 1 year of probation, and a $1,000 fine.
Aggravated Domestic Battery (F.S. § 784.045)
If a person commits a domestic battery and intentionally or knowingly causes great bodily harm, permanent disability, permanent disfigurement, or uses a deadly weapon during the strike, the charge escalates dramatically. Potential Penalties: A highly severe Second-Degree Felony, carrying up to 15 years in state prison and up to a $10,000 fine.
Domestic Battery by Strangulation (F.S. § 784.041)
This charge applies if a person knowingly and intentionally impedes the normal breathing or blood circulation of a family or household member against their will by applying pressure to the throat or neck, or by blocking their nose or mouth. Potential Penalties: A Third-Degree Felony, punishable by up to 5 years in state prison and a $5,000 fine.
Domestic Assault (F.S. § 784.011 / F.S. § 784.021)
An assault is an intentional, unlawful threat by word or act to do violence to another person, coupled with an apparent ability to do so, creating a well-founded fear that violence is imminent. Simple domestic assault is a Second-Degree Misdemeanor (up to 60 days in jail), while Aggravated Assault involving a deadly weapon is a Third-Degree Felony (up to 5 years in prison).
Additional Terms involving a Conviction for Domesic Violence Crimes
Florida law imposes strict, non-negotiable penalties upon anyone convicted of a domestic violence offense, making it far more severe than standard battery charges:
- Mandatory Jail Time: Under Florida Statute § 741.283, if a person is found guilty of domestic violence battery and there is intentional bodily injury, the court must impose a mandatory minimum of 5 days in the county jail for a first offense, unless the sentence includes state prison.
- Mandatory 26-Week Batterers' Intervention Program (BIP): The court is statutorily required to place you on probation and mandate the completion of a rigid, 26-week certified counseling program.
- Loss of Firearm Rights: Federal and state laws strictly prohibit anyone convicted of a domestic violence misdemeanor or felony from buying, owning, or possessing a firearm or ammunition.
- No Expungement: Under Florida law, if you plead guilty or no-contest and receive an adjudication of guilt for a domestic violence offense, the charge can never be sealed or expunged from your record, even if it was a first-time misdemeanor.
In tandem with criminal court charges, an alleged victim can petition a civil court judge for a Domestic Violence Injunction. If granted, this restraining order can instantly force you out of your home, strip away temporary custody of your children, force you to pay temporary financial support, and ban you from possessing firearms.
Why Choose Us to represent you when charged with a Domestic Violence Crime?
Our firm aggressively defends clients at formal injunction hearings to prevent these damaging orders from being finalized. Furthermore, if you are accused of Violating a Domestic Violence Injunction (such as sending a text message or showing up at a prohibited location), you face an immediate First-Degree Misdemeanor arrest, carrying up to an additional year in jail.
An arrest is not an automatic conviction. We thoroughly audit the state’s evidence, 911 audio recordings, bodycam footage, and witness accounts to build a powerful defense. Common strategies include:
- Self-Defense or Defense of Others: Demonstrating that you only used a reasonable, lawful amount of force to protect yourself or your children from a physical threat initiated by the other party.
- Lack of Direct Physical Evidence: Pointing out a total absence of visible injuries, marks, or medical records that contradict a fabricated or exaggerated allegation.
- Pretrial Diversion Programs (PTD): For eligible individuals with zero prior record, we can work to negotiate entry into a specialized domestic violence diversion program. Successful completion forces the state to completely dismiss the criminal charges, keeping your record clean.
Do not allow a single misunderstanding or false accusation to permanently ruin your livelihood, strip your parental rights, and end your freedom. Put an experienced, Florida Bar Board-Certified criminal trial specialist by your side to navigate the local court system and deliver the defense your future requires.
Contact the Law Office of Robert A. Norgard today to schedule your legal consultation at our Bartow law office.
Call 863-354-0508 today to schedule your Free Consultation with Lakeland domestic violence defense attorney, Robert A. Norgard.