What You Need to Know
Imagine a heated argument with your spouse that escalates, resulting in unintended harm, or a situation where a misunderstanding leads to accusations of threatening your child. Now, you’re facing allegations of domestic violence with serious charges that could impact you for years.
But how long can these charges linger over your life? As in many other states, Florida law sets a time limit for prosecutors to file domestic violence charges.
Our domestic violence attorney will break down Florida’s domestic violence statute of limitations (SOL), covering the differences between misdemeanor and felony charges, key exceptions, and what it all means for both victims and those accused.
Florida’s Statute of Limitations for Domestic Violence Cases
The time limit for when charges must be filed is called the “statute of limitations.” If charges are not filed within the specified time frame, the state or government cannot prosecute the accused. In Florida, the statute of limitations on domestic violence charges depends on whether the offense is classified as a misdemeanor or a felony.
Misdemeanor Domestic Violence Charges
- First-degree misdemeanors—SOL is two years. Charges like domestic battery fall under this category and can lead to penalties, including up to one year in jail, probation, and fines.
- Second-degree misdemeanors—the statute of limitations is one year. These may involve minor physical altercations without significant injury.
This timeframe refers to the filing of charges, not necessarily the occurrence of the trial.
Felony Domestic Violence Charges
- Third-degree felonies—SOL is three years. These charges might include aggravated battery or repeated domestic violence offenses, carrying penalties of up to five years in prison.
- Second-degree felonies—the statute of limitations is three years. If the offense involves more serious harm or the use of a weapon, the penalty can be up to 15 years in prison.
- First-degree felonies—the statute of limitations is four years, often involving severe injuries or extreme violence, with penalties of up to 30 years in prison.
These are general timelines. Specific circumstances can influence these limitations.
Exceptions and Special Circumstances Affecting Statute of Limitations
While the general rule is that the prosecution must file charges within the specified timeframe, certain conditions can alter the domestic abuse statute of limitations in Florida:
- Victim’s age. The statute of limitations may be extended if the victim is a minor. For example, in cases involving sexual battery or lewd behavior, the limitation period may not begin until the victim turns 18 or the crime is reported, whichever comes first.
- Discovery rule. Sometimes, the statute of limitations may be extended if the crime is not discovered immediately. This is less common in domestic violence cases but can apply in specific circumstances.
- Ongoing investigation. If there is an active investigation, the statute of limitations may be tolled or paused until the investigation concludes.
- Fleeing the jurisdiction. The statute of limitations may be tolled until the person is captured if the accused escapes the state to evade prosecution.
These exceptions are designed to protect victims and ensure justice.
The Importance of Statute of Limitations for Victims and Accused Individuals
Those affected by domestic violence, whether as a victim or the accused, should understand the significance and constraints of Florida’s statute of limitations.
For Victims
Victims must be aware of these time limits to ensure that they report the crime within the allowable period. Delays in reporting can result in the inability to prosecute the offender. Victims should also be aware of their protections, such as restraining orders and victim advocacy programs.
Keep detailed records of all incidents, communications, and legal actions. This documentation can be crucial in court. An experienced attorney who understands Florida’s domestic violence laws can provide personalized advice based on your situation.
For the Accused
For individuals facing domestic violence charges, knowing the statute of limitations can be a critical aspect of their defense strategy. If charges are brought after the statute of limitations has expired, the accused can file a motion to dismiss the case.
Working with a knowledgeable attorney experienced in defending domestic violence cases is essential. They can provide guidance on the statute of limitations, your available defenses, and other legal aspects of your case.
Get Answers and Guidance from Moses and Rooth
Domestic violence shatters lives and leaves victims and accused individuals grappling with uncertainty. If you have any questions about domestic violence charges in Florida, such as the statute of limitations, our knowledgeable criminal defense attorneys have answers.
With over 20 years of experience, Moses and Rooth are here to offer the effective legal support you need. Contact us today for a confidential consultation.
Jay R. Rooth
Jay is an experienced and dedicated attorney. Whether you need help with a DUI or a more serious felony, Jay is ready to fight for you. Not only is Jay highly regarded by his peers, he’s also strongly recommended by his clients. Jay obtained his Law degree from Barry University Law School. Jay is a active member of the Orlando Chamber of Commerce, the Federalist Society, Florida Bar Association, the Orange County Bar Association, the Central Florida Association of Criminal Defense Attorneys, and the National Association of Criminal Defense Attorneys.
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