Whether it’s a misdemeanor or a felony, a conviction for a
domestic violence offense in Florida is associated with harsh penalties.
For example, domestic violence involving battery is either a first-degree
misdemeanor that carries a maximum one-year jail sentence and a fine of
no more than $1,000 or a third-degree felony that’s punishable by
a prison term of up to five years and a maximum $5,000 fine.
While a domestic violence conviction can also lead to losing custody of
a child, it also results in the loss of gun rights.
According to the Domestic Violence Offender Gun Ban—also known as
the Lautenberg Amendment—anyone who has been convicted of a domestic
violence misdemeanor is banned from possessing a firearm. Federal law
states that a domestic violence offender who has a gun could face a maximum
10-year federal prison sentence and a fine of up to $250,000.
In regard to
restraining orders, Florida law states that those who have been the subject of a final judgment
for an injunction for protection cannot possess either a gun or ammunition.
If a person has been subject to multiple domestic violence injunctions,
his/her concealed carry license will be suspended, or his/her application
will be denied.
If a person who has been convicted of a domestic violence misdemeanor attempts
to purchase a firearm and lies on ATF Form 4473, he/she faces a third-degree felony.
If you have been charged with domestic violence in Daytona Beach,
contact the Law Offices of Robert Stepniak today at (386) 253-4750 and request a free consultation.