Domestic Battery Arrests on the rise in Sarasota

Sarasota and Bradenton Criminal Defense Attorney Peter D Aiken 941-366-3506 Representing the Florida Accused

May 20 2020

The Covid “stay at home” social distancing directive has had collateral consequencesSince people cannot drink at bars, they are drinking at home with their spouses.  Husbands and wives being in a confined space, coupled with economic chaos has created a situation where if you ad alcohol, an explosive situation can result.  Tempers are running short.  Stress it high.  Unemployment and poverty is creating marital stress and discord.  The net result is an increase in simple domestic battery arrests.

A domestic battery arrest has horrific consequences.  For starters, some poor guy now has to bond out, if he is lucky enough to have any money at all.  Then, most times, the judge at first appearance will have set a “no contact order”, keeping the person arrested from returning home.  In these Covid times, most people cannot afford one place to live, much less two.

As a criminal defense lawyer handling these types of family battery cases, my goal is the get the charges reduced or dropped and even more importantly, heal the family relationship.  The first step is getting the “no contact” order set aside.  This is not easy because the Courts are only handling emergency matters.  It is difficult but not impossible.  The next step is to try and convince the prosecutor to drop or reduce the charge and to get all of this done in a timely manner.  If you are under a no contact order, every day counts.

A domestic violence conviction has dire consequences It affects your right to buy a firearm.  It can land you in County jail for a few days.  It can come back to haunt you if you ever have another legal problem.  Getting mattes like this resolved quickly should be a priority.  Sometimes the charge is even more serious if someone was hurt or a weapon like a knife or gun was involved.  Sometimes the State charges “battery by strangulation” and most of the time that sounds much more serious than what really happened.

It costs nothing to initially speak with most lawyers, including me.  I know times are tough economically but hiring a good private lawyer can make a huge difference in the outcome of your case.  Everyone need to know their options when it comes to a criminal case.


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