Florida Criminal Attorney Blog
Michael Lohan, father of actress Lindsay Lohan, was arrested Monday night in Tampa, Florida on suspicion of domestic violence.
Police responded to an alleged domestic violence call at Lohan’s home and arrested him for battery on his live-in girlfriend.
According to police, after Lohan, 51, was taken into custody he started complaining of chest pains. He was transported to a hospital and after checking himself out, he was placed under arrest.
Lohan was arrested in Los Angeles for his involvement in an alleged domestic violence in March where he was charged with one misdemeanor count of corporal injury to a cohabitant.
Allegations of Domestic Violence need to be handled quite carefully because of minimum mandatory sentencing guidelines for charges as well as increased public and media attention these types of cases draw in. Lohan’s celebrity status and previous criminal record could influence how the prosecution chooses to handle this case. Undoubtedly, an experienced Criminal Defense Attorney is needed for any type of Domestic Violence charge due to the extremely sensitive nature and high degree of emotion involved in these cases.
Typical Domestic Violence allegations can include battery, aggravated battery, assault, aggravated assault, stalking, kidnapping, child abuse and violation of restraining orders. Most people think that domestic violence only covers abuse between spouses or partners, but the statutes covering this area of the law are really far more extensive. Domestic violence encompasses charges related to child neglect, elder abuse, stalking, threats, emotional abuse and other types of abusive behavior toward another person. Essentially, any threatening or violent act, regardless of intentions to inflict harm, could be grounds for prosecution under Florida Domestic Violence laws.
Domestic Violence charges can be filed as a misdemeanor or a felony. Ultimately this decision is made by a prosecutor who bases the choice on victim and witness credibility, severity of injuries and the facts surrounding the case. In most scenarios, severe injuries such as broken bones and significant bruises will be charged as a felony. Slight injuries or no apparent injuries are usually charged as a misdemeanor. However, any prior acts of Domestic Violence or a criminal history may have bearing on how the prosecutor chooses to file the case. Consequences associated with a Domestic Violence conviction can range from brief jail sentences, counseling and community service to multiple years in state prison, fines and restraining orders.
If you or a loved one has been accused of Domestic Violence throughout the state of Florida, contact the Florida Assault and Battery Defense Attorneys at Whittel & Melton online or contact our Tampa office at 813-221-3200 or call our office statewide and toll-free at 1-866-608-5LAW (5529).