Spousal Abuse
AGGRESSIVE DEFENSE & DEDICATED REPRESENTATION
Our Panama City Firm Has Much to Offer. Learn Why People Choose Shepard Law.
Criminal Defense
Domestic Violence
Spousal Abuse
- Assault
- Battery
- Bulgary
- Drug Crimes
- DUI
- Expungement
- Juvenile Crimes
- Misdemeanors
- Theft Crimes
- Robbery
- Sex Crimes
- Warrants
- Violation of Probation
- Violent Crimes
- White Collar Crimes
No Charges Aggravated Assault
ALLEGATION: Client arrested for drive-by shooting and was facing the possibility of a minimum mandatory 15 year prison sentence under Florida’s 10-20-Life Law. RESULT: After consulting with with prosecutors and law enforcement NO CHARGES WERE FILED.
Negotiated Plea DUI Manslaughter
ALLEGATION: Client charged with DUI Manslaughter. Client faced up to 15 years prison and a permanent loss of his drivers’ license. RESULT: Client entered negotiated plea to probation and is eligible to drive with a hardship license.
Not Convicted Sexual Battery
ALLEGATION: Client who holds a professional certification and license with the State of Florida was accused of Sexual Battery with the possibility of 15 years prison and mandatory “Sexual Offender” designation. Arrest was reported in the Panama City News Herald. RESULT: Charge reduced without consent of victim to simple battery (misdemeanor). Client NOT CONVICTED of any criminal offense and not designated a Sexual Offender. Client able to return to work without loss of professional certification and license
Client NOT CONVICTED Violation of Probation
ALLEGATION: Client violated probation for a second time by failing to report (“absconding”), committing a new crime of Battery, not completing DUI school and failing to complete court ordered community service hours.
Not Convicted Violation of Probation
ALLEGATION: Client violated probation by failing to report (“absconding”) and committing a new felony of Obtaining a Controlled Substance by Forgery. Client was on probation for 7 counts of Obtaining a Controlled Substance by Fraud, 6 counts of Forgery, and 6 counts of Criminal Use of Personal Identification.
Spousal Abuse Defence in Panama City
The Firearm Ban Changes Everything
A charge of domestic battery for spousal abuse in Florida can appear to be a misdemeanour — but its permanent consequences are not. Under the federal Lautenberg Amendment (18 U.S.C. § 922(g)(9)), any conviction for a misdemeanour crime of domestic violence results in a lifetime ban on owning or possessing any firearm or ammunition. Not while on probation. Not until you complete your sentence. Forever.
This single fact changes the calculus in every spousal abuse case. Accepting a quick plea to resolve the situation immediately creates a permanent federal disability that cannot be expunged, cannot be pardoned under most circumstances, and cannot be reversed. The only way to avoid it is to avoid a conviction entirely.
Rusty Shepard is a former Assistant State Attorney, FACDL 14th Circuit Chapter President, and former President of the Bay County Criminal Defense Bar. He has defended domestic battery and spousal abuse charges in Bay County courts for over 25 years. His strategy in every spousal abuse case is built around this non-negotiable objective: no conviction.
Florida Domestic Battery — The Charge and Its Mandatory Consequences
Spousal abuse is charged under Florida Statute § 784.03 (Domestic Battery). The elements are: actual and intentional touching or striking another person against their will; and the victim must be a family or household member.
A first conviction — even without visible injury, even without the alleged victim wanting to press charges, even if the victim later recants — triggers mandatory consequences under Florida Statute § 741.283:
- Mandatory minimum 10 days in county jail (increased if a minor was present)
- Mandatory minimum 1-year probation term
- Mandatory completion of a 26-week Batterer’s Intervention Programme (BIP)
- No-contact order as a condition of pre-trial release — typically separating you from your spouse and home immediately
- Permanent federal Lautenberg Amendment firearm ban
- Cannot be expunged or sealed in Florida — the conviction remains on your record permanently
The Felony Enhancement — When Misdemeanour Becomes Felony
- Aggravated Battery (§ 784.045) — great bodily harm, use of a deadly weapon, or battery by strangulation: Second Degree Felony, up to 15 years in state prison
- Prior battery conviction — any prior conviction or withheld adjudication for battery automatically elevates a new charge to a Third Degree Felony, up to 5 years in state prison
Why Victim Recantation Does Not End the Case
Florida prosecutors can and do proceed with domestic battery cases even after the alleged victim recants or refuses to testify. The State Attorney’s Office treats initial statements to law enforcement — body camera footage, 911 recordings, officer testimony — as primary evidence. The victim’s change of account is not necessarily fatal to the prosecution.
Rusty Shepard’s approach to victim recantation cases includes challenging the admissibility of the initial statements under the Confrontation Clause, presenting the victim’s recantation alongside evidence supporting its credibility, and arguing that the remaining evidence — without reliable victim testimony — cannot support guilt beyond a reasonable doubt.
Reducing to a Non-Domestic Charge — The Strategic Priority
The highest priority in every spousal abuse case is securing a resolution that does not qualify as a misdemeanour crime of domestic violence — because it is the only way to preserve firearm rights. Charges that can achieve this include Disorderly Conduct, Trespass, or other non-domestic, non-violent offences. Rusty Shepard negotiates with the State Attorney’s Office toward these outcomes from the first day of representation.
Charged with spousal abuse or domestic battery in Panama City or Bay County? Call Shepard Law at (850) 290-2505. Former ASA. FACDL Chapter President. Free consultation. Available 24/7. The firearm ban is permanent — fight this from day one.
Criminal Defense
Domestic Violence
Spousal Abuse
- Assault
- Battery
- Bulgary
- Drug Crimes
- DUI
- Expungement
- Juvenile Crimes
- Misdemeanors
- Theft Crimes
- Robbery
- Sex Crimes
- Warrants
- Violation of Probation
- Violent Crimes
- White Collar Crimes
No Charges Aggravated Assault
ALLEGATION: Client arrested for drive-by shooting and was facing the possibility of a minimum mandatory 15 year prison sentence under Florida’s 10-20-Life Law. RESULT: After consulting with with prosecutors and law enforcement NO CHARGES WERE FILED.
Negotiated Plea DUI Manslaughter
ALLEGATION: Client charged with DUI Manslaughter. Client faced up to 15 years prison and a permanent loss of his drivers’ license. RESULT: Client entered negotiated plea to probation and is eligible to drive with a hardship license.
Not Convicted Sexual Battery
ALLEGATION: Client who holds a professional certification and license with the State of Florida was accused of Sexual Battery with the possibility of 15 years prison and mandatory “Sexual Offender” designation. Arrest was reported in the Panama City News Herald. RESULT: Charge reduced without consent of victim to simple battery (misdemeanor). Client NOT CONVICTED of any criminal offense and not designated a Sexual Offender. Client able to return to work without loss of professional certification and license
Client NOT CONVICTED Violation of Probation
ALLEGATION: Client violated probation for a second time by failing to report (“absconding”), committing a new crime of Battery, not completing DUI school and failing to complete court ordered community service hours.
Not Convicted Violation of Probation
ALLEGATION: Client violated probation by failing to report (“absconding”) and committing a new felony of Obtaining a Controlled Substance by Forgery. Client was on probation for 7 counts of Obtaining a Controlled Substance by Fraud, 6 counts of Forgery, and 6 counts of Criminal Use of Personal Identification.
What Sets Shepard Law Apart?
Your case is our priority. We aim for the best outcome.
We understand the complexities of the legal system and the impact on your life. Our focus is on securing your future.
CLIENT FEEDBACK
Our clients’ voices matter. Read about real cases and the positive outcomes achieved with our legal guidance.
Personable and understanding
“Rusty is very personable and accommodating. He made himself available on short notice and met with me after hours. He told me not to worry and got everything dismissed in court this morning! Thank you Rusty and Lisa!!!”
– Lauren
Sweetest, kindest, most Professional #1
“Mr. Shepard and his staff are amazing! They went above and beyond to help me. I would not want anyone else on my team! I am young and despite that, he made sure that the judge saw me as a person and not just a young person. He and his office even spent extra time with me and attended to every single thousand question that I had. They could not get a better rating 10 stars!!”
– Jessica
Absolutely Recommend
“Shepard Law is truly one of a kind!!! Their team of attorneys and support staff knows criminal law inside and out. They will take a case to trial with no fear and are a force to be seen in the courtroom!!!! They are compassionate and make their clients feel supported every single step of the way. They are flexible with payment options, which allows everyone to be able to receive TOP QUALITY representation. I would absolutely recommend Shepherd Law to any of my friends or family members without hesitation.”
– Vanessa M.
Under a time line!!!
“My wife and I found out on a Monday that we needed a Defense Attorney on Tuesday for a family situation. I called the office and Megan quickly contacted Rusty and he reassured us that he would be at court on Tuesday and he would take care of everything. Those words were the most comforting we’ve heard as this came up not long after Hurricane Michael. Rusty and his office has no idea how much he helped us and how much we appreciate their quick response. Thank you will never cover how much you guys mean to us.”
– Craig E.
CONTACT US FOR A FREE CONSULTATION
At Shepard Law, we’re always ready to take your call! Give us a call at (850) 290-2505 or fill out the form below to contact one of our team members.
FOLLOW US