What is a “domestic battery”?

If you have been arrested here in Sarasota as a result of an argument with a spouse, girlfriend, boyfriend, or live in relative, your booking sheet will probably read: “Battery, Touch or Strike”

If you got into an argument, and someone called 911, chances are, someone is going to jail.  People think that the police will just come out and calm things down.  Most of the time however, when the police respond, someone is going to jail.  The police are afraid that if they don’t arrest someone, and the argument later turns deadly, they will get sued.  Someone is going to jail.  Many times it is the wrong person.  Men are at a disadvantage, particularly if the responding officer is a woman.  Many times the police side with the woman, even if she was the instigator or the real aggressor.  As a Sarasota criminal defense attorney, all too often I see a first appearance judge set a high bond, or set release conditions that make it all but impossible for the parties to reconcile.  In my opinion, what couples need is help, not another impediment to reuniting.

Most of the time, the real cause of the argument is alcohol.  Some people when they drink, get mellow.  Some however get belligerent and are what I call a “mean drunk”.  They may be perfectly normal when they are sober, but can get really mean and nasty when they consume too much beer, wine or liquor.  My bet is that if you or your spouse got arrested for domestic battery, alcohol was a major contributor to the problem.  Another major reason people get into violent confrontations is jealousy, the “green eyed monster”.  Insecurity leads to jealousy.  One spouse may be going through the other’s cell phone, texts or chats and see something and become unhinged.  A lot of battery arrests are the result of a jealous rage.

As a Sarasota criminal lawyer, my goal, wherever possible is the help the parties resolve their issues.  The prosecutors mean well but sometimes go overboard and interfere with normal reconciliation.  If you got arrested for Battery, and want to talk, call 941 366 3506