What Type of Domestic Violence Convictions Prevent Me From Owning a Gun?



Often, domestic violence convictions are accompanied by a multitude of repercussions. If you are convicted, one of the many consequences you’ll face is a loss of your gun rights. Under federal law, it is illegal for anyone convicted of a domestic violence crime—whether a felony or misdemeanor—to possess a gun or any other type of firearm.

If you are facing domestic violence charges or have recently been convicted, it’s in your best interest to work with a skilled lawyer. A skilled Orlando injunction lawyer can help investigate the circumstances surrounding your case and develop a strategy for the best path forward.

What Constitutes a Domestic Violence Offense in Florida?

Domestic violence can take on a variety of forms. Some types of domestic violence—such as physical abuse—are more visible, as they often result in bruises or injuries. On the other hand, other kinds of domestic violence—such as violent threats—are less obvious. Florida law defines domestic violence as any assault, battery, sexual assault, or other criminal offense that is committed by a person to a member of their household.

The law defines a household member as a person who is or was residing in the same single dwelling unit as the defendant. It is important to note that under Florida law, domestic violence is not limited to violent behavior. In Florida, stalking and persistent violent threats are also defined as domestic violence.

What Are the Penalties for a Domestic Violence Offense in Florida?

In Florida, domestic violence battery is considered a first-degree misdemeanor and is punishable by up to one year of jail time or probation. Domestic violence offenses that result in second and third-degree felonies usually include prison time along with higher penalty fines. Additionally, defendants convicted of domestic violence can expect additional penalties, including:

  • The loss of civil liberties, including the right to own a gun
  • Community service hours
  • Expensive fines and court fees
  • Restitution to victims to cover battery-related bills, such as medical expenses
  • Substance abuse and anger management counseling

The penalties you may face will vary depending on the circumstances surrounding your case. However, in accordance with federal law, any person convicted of a domestic violence misdemeanor or felony cannot possess or operate a firearm.

Common Defenses to Domestic Violence Charges in Florida

Domestic violence convictions are serious and can have a significant impact on your life. Therefore, if you are facing domestic violence charges, it is imperative to consult a lawyer who can review your case and your legal options. While the defense strategy your lawyer will use will depend on the specifics of your case, some of the most common defenses to domestic violence include:

  • Defense of your property
  • Consent was present
  • False allegations
  • Self-defense

When you meet with an injunction lawyer, they will investigate all the circumstances of your situation and determine the best strategy for defending your case.

Call Orlando’s Trusted Criminal Defense and Injunction Attorneys for Assistance with Your Case

Throughout the country, domestic violence is a prevalent problem. However, in some cases, people are wrongly accused and face life-changing consequences. If you have been wrongly charged with domestic violence, it’s important to seek legal counsel from a skilled criminal defense lawyer.

At Fighter Law, our team is dedicated to fighting for our clients that have been wrongly accused. Our excellent legal team has a superb reputation for helping clients fight injunctions and regain their rights. Additionally, Attorney Thomas Feiter is Board Certified and one of the leading attorneys for injunctions in Central Florida. To discuss your situation with one of our skilled attorneys, call today at (407) FIGHTER (344-4837) or fill out our online contact form.

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