Domestic Battery in Florida: Penalties and Defenses
Florida defines domestic violence as any assault, aggravated assault, battery, sexual assault, sexual battery, stalking, kidnapping, false imprisonment, or any criminal offence resulting in physical injury or death to a family or household member by another family or household member.
Florida enforces strict penalties against defendants convicted of domestic violence charges.
The best way to improve the outcome of your criminal case is to hire a criminal defense attorney to defend you. Contact an experienced Florida domestic battery attorney today to discuss your case.
What Is Domestic Battery In Florida?
Domestic battery is one type of domestic violence crime. It involves the crime of battery committed against someone that the state considers a “family or household member” of the accused.
Florida law includes the following people in the definition of “family or household member” for purposes of domestic battery charges:
Persons who previously resided together as a family
Current or former spouses
Persons related by blood or marriage who have resided together at some point
Persons who currently reside together as a family
Co-parents whether or not they have been married
Generally, the crime of battery in Florida involves:
(1) the act of intentionally touching or striking another person against his or her will; or
(2) intentionally causing bodily harm to another person.
Thus, committing the crime of battery against someone considered a family or household member amounts to the crime of domestic battery.
Florida’s Penalties For Domestic Battery
Florida law considers domestic battery a 1st-degree misdemeanor. First-degree misdemeanors can result in up to one year in jail or up to one year on probation, in addition to a fine of up to $1,000.
Florida imposes additional mandatory penalties due to the domestic nature of the offense, including:
A minimum term of imprisonment
Added community service hours
Loss of concealed carry rights
Participation in a 26-week Batterer’s Intervention Program
Implementation of an injunction or no-contact order to protect the alleged victim from further domestic violence
Florida implemented the additional penalties for domestic violence offenses in an attempt to curb the number of domestic violence incidents in the state.
Defenses To Domestic Battery In Florida
In many situations, domestic battery cases arise out of a misunderstanding between two people that care for each other deeply. Still, these charges can result in serious consequences if you don’t properly address them.
Many defenses exist that can help disprove domestic battery charges, including:
Lack of injuries
Eye-witness testimony
Defense of others
Defense of property
Lack of evidence
Presenting evidence of any of these defenses to the prosecutor can make a difference in your case.
Having an attorney in your corner to represent your interests during negotiations with the prosecutor can give you a better chance of having your charges reduced or dismissed.
Contact A Florida Domestic Battery Lawyer Today
At Orlando Defense, we have the experience necessary to represent you against charges of domestic battery.
Call our office today to get started with your free consultation online or call.