Juvenile Domestic Violence Defense Attorney in Jacksonville, FL
Jacksonville Juvenile Domestic Violence Defense Attorney
If your child has been accused of domestic violence, the consequences can be serious. This page provides information about domestic violence under Florida law and how the Jacksonville juvenile justice system handles domestic violence charges. However, there is no substitute for advice from an experienced juvenile defense attorney.
Consequences of a Juvenile Adjudication
While the consequences of a juvenile being adjudicated delinquent are different from the consequences of an adult criminal conviction, they can still be quite serious. In fact, there are many parallels between juvenile sentencing and adult court sentencing.
For example, someone tried as a juvenile in Florida cannot be sentenced to adult jail or prison. However, they can be sentenced to confinement in a juvenile detention facility. Similarly, a juvenile criminal record is not public like an adult criminal conviction is. However, a juvenile adjudication can have a serious impact on the juvenile in many areas of life, and can be considered by the court if the child faces another juvenile proceeding.
Juveniles may be placed on probation just like adults, and have more severe consequences hanging over their heads if they don’t fulfill all terms of probation. They may be required to perform community service, to submit to random drug and/or alcohol testing, to work or attend school, and to participate in counseling, substance abuse programs, or other treatment.
You can schedule a free consultation with attorney Matthew Lufrano right now by calling (904) 513-3905 or filling out our contact form.
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What is Juvenile Domestic Violence?
Juvenile domestic violence is an act committed by a juvenile that would be a crime of domestic violence if committed by an adult.
Florida’s definition of domestic violence is broader than you may realize. In Florida, the following actions constitute domestic violence if the victim is a family member or household member:
- Assault
- Aggravated assault
- Battery
- Aggravated battery
- Sexual assault
- Sexual battery
- Stalking
- Aggravated stalking
- Kidnapping
- False imprisonment
- Any other crime resulting in physical injury or death
“Family or household member” includes:
- Spouses
- Former spouses
- People related by blood
- People related by marriage
- People living together like a family
- People who have previously lived together like a family
- People who share a child
Juvenile v. Adult Court: Key Differences
In Florida, the juvenile justice system is theoretically focused more heavily on rehabilitation and less on punishment. The process is somewhat less formal, and the sentencing options are different. However, it is important to be aware that a juvenile who is adjudicated delinquent–the equivalent of being found guilty–can face serious consequences.
The more relaxed approach and the claim that the proceeding is intended to find the best outcome for your child, as well as society, can mislead some parents into making serious mistakes.
Legal Rights of Juveniles
A juvenile has most of the same Constitutional rights as an adult criminal defendant. For example, a juvenile has protections against unreasonable search and seizure, the right to remain silent, and the right to a juvenile defense attorney. However, unlike an adult criminal defendant, a juvenile does not have a right to a jury trial.
Notably, a juvenile does not necessarily have a right to have a parent present when being questioned by police. They must be advised of their rights just as an adult would, and they do have a right to speak with an attorney. In most situations, the best course of action for a juvenile being questioned in custody is to clearly state that they want to speak to an attorney and do not want to answer any questions.
Defense Strategies for Juvenile Domestic Violence Charges
The best juvenile domestic violence defense strategy for your child depends on the specifics of the case and other factors. Your child’s defense attorney can explain your rights and options, and recommend the best approach for your child’s case.
Defense strategies will typically fall into one of two broad categories: negotiating to try to avoid an adjudication or lessen the seriousness of the adjudication and fighting the allegations at trial.
Avoiding Adjudication Through Diversion
The juvenile system offers some accused offenders an opportunity to enter into a diversion program. The diversion program is generally only available for first-time offenders, and is generally limited to offenses that would be misdemeanors or felonies of the third degree if charged in adult court. That means not all crimes of domestic violence will be eligible.
When a juvenile is placed in a diversion program, they will be placed on probation without having been adjudicated delinquent. If all terms of probation are successfully completed, the charge will be dismissed without adjudication. Some terms of probation may also create responsibilities for parents.
Fighting the Charges at Trial
Though a juvenile proceeding is more informal in some ways, the prosecution still has an obligation to prove every element of the crime beyond a reasonable doubt. A juvenile defense lawyer still has the opportunity to move to suppress evidence that was illegally obtained, or a confession extracted from a juvenile who had not been advised of their rights or who had asked for an attorney.
While a diversion agreement or other negotiated solution is often the best answer, it’s also important to work with a juvenile defense lawyer who is prepared to try your child’s case if that is the best option for your family.
The Importance of Experienced Legal Defense
Even in juvenile court, domestic violence charges are serious. And, in some cases, the prosecution may attempt to move those charges into adult court, meaning that your child could face an adult prison sentence.
The best attorney for your juvenile domestic violence defense is one who has extensive experience in both the juvenile and adult courts and is prepared to fight the charges regardless of which path they take.
Schedule a Consultation Today
Attorney Matthew Lufrano has devoted his entire legal career to defending people charged with crimes in Florida. He has deep knowledge of both the Jacksonville juvenile system and the adult criminal courts, and is prepared to protect your child every step of the way. Schedule your free consultation right now by calling (904) 513-3905.