Polk County native Chris Rainey was arrested last week for suspicion of domestic violence. He was previously arrested for a domestic crime. Rainey was arrested for a felony stalking charge while he was still on the University of Florida football team.
In Polk County, if a person arrested for domestic violence (DV) has a prior conviction for battery, aggravated battery, or felony battery and commits a second or subsequent battery, that crime is reclassified as a felony of the third degree, punishable by up to 5 years in Florida state prison under Florida criminal statute 784.03(2). A prior battery counts as a conviction whether adjudication was withheld or the defendant pled “no contest" or “nolo contendere” to the prior battery charge. Your 2nd battery can be charged as a felony!
After the arrest, the Steelers cut Rainey from the team. This is all too common in domestic violence cases. Employers are afraid of being associated with anyone arrested for a crime of violence. I get calls everyday from people that ask “how do I get this domestic violence arrest off my record because no one will hire me?!?!” Employers are afraid of being held liable for having someone with a violent criminal record working for them and getting into a fight with a co-worker or customer. Apartment complexes have the same fear and will not rent to a person arrested for a violent crime either. This is happening even to people that were falsely arrested and the charges were dropped!
Rainey’s case allegedly started with an argument over a second phone his girlfriend had without his knowledge. Allegedly, the argument escalated and he supposedly pulled on her arms and slapped her in the face according to the police report. Mr. Rainey denied ever touching or hitting his girlfriend. Whether this actually occurred or not may eventually be decided at a criminal jury trial. A battery occurs when someone actually and intentionally touches or strikes another person against the will of the other under Florida’s criminal law. It becomes a domestic battery when there is a domestic relationship between the suspect and the alleged victim.
As happens in many of these DV cases, there were no physical injuries. Many people would think that if an NFL player hit you, you would have injuries and the case should be dropped or he should never have been arrested. Unfortunately, most police departments have a policy that if a deputy or officer is called out to the scene of a domestic violence call, someone HAS to be arrested! Even if the alleged victim says NOTHING HAPPENED! Worse, the person arrested for domestic violence is not even entitled to a bond until he appears before a Polk County judge at their first appearance hearing!
So what evidence is there to prove a domestic violence case when there are no injuries? In a majority of these types of criminal cases, there is no physical evidence. No injuries, no video, and no 911 call. So how can the case proceed to court? The testimony of what the victim says happened is the evidence. It becomes a swearing contest of “he said, she said”. That is why you need an experienced domestic violence attorney who knows how to defend someone falsely accused of domestic violence.
Call Polk criminal attorney Thomas C. Grajek now 863-688-4606
If you call immediately I can attend your first appearance hearing and request that you be released on your own recognizance or that a bond be set in your domestic case. It is very important you call an aggressive attorney who is available immediately because many times in Polk County, the court will set conditions on your release. These pre-trial release conditions may prevent you from living in your own home!!
If you have a loved one that been arrested for domestic violence and needs to get out of jail,
call Thomas C. Grajek on his cell phone now at 863-838-5549!
Don’t risk your job, where you can live or reputation call now!
Experience handling all Polk County domestic violence, stalking, aggravated stalking, injunctions and crimes of violence.