In Florida, domestic violence can be charged as either a misdemeanor or a felony, depending on the circumstances of the case. In this article, we’ll explore how domestic violence is categorized in Florida and why securing the services of a skilled defense lawyer is essential in resisting a conviction.
Our lawyers at Stechschulte Nell have many years of experience representing those accused of domestic violence. Many factors contribute to the breakdown in domestic harmony within a family or a romantic relationship. When domestic violence charges are filed, knowledgeable criminal defense lawyers can ensure that the accused is not unfairly or disproportionately prosecuted or penalized. At our defense firm, we believe in vigorously defending every person charged with domestic violence crimes.
Dealing with Domestic Charges
Domestic violence charges are serious offenses but experienced domestic violence defense lawyers know that false allegations of domestic violence are common, as are exaggerated claims by alleged victims who have a motive to obtain leverage or power over a defendant.
Don’t try to resolve the matter alone. Always consult a skilled Florida criminal defense lawyer if you are wrongfully accused of domestic violence.
Understanding Domestic Violence in Florida
Florida law defines domestic violence as any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.
It’s important to appreciate what acts of physical touching can constitute the basis for a domestic assault charge. What may seem like minimal force can still be considered a criminal offense in the context of a family or romantic relationship.
What Can Constitute to Filing Domestic Violence Charges?
Florida law permits the filing of a criminal domestic violence charge against someone who shoves a person in a domestic relationship. Any offensive physical touching will qualify, even without any physical injury suffered by the alleged victim.
Similarly, throwing an object at someone, striking them with an object, or more forcefully hitting them with a closed fist or an open hand will all constitute assault. Of course, still more aggressive, and forceful acts like choking, raping, or sexually assaulting the victim will probably result in felony domestic charges.
Domestic violence crimes are criminal offenses that are committed against those who share a particular relationship with the accused. The offense carries its standard penalties but also carries an additional element of punishment as a crime of domestic violence.
Family or household members include spouses, former spouses, individuals related by blood or marriage, individuals who are presently residing together as if a family, or those who have resided together in the past as if a family. This broad definition encompasses a wide range of relationships and behaviors.
Read More > What is the Statute for Domestic Violence in Florida?
Domestic Violence as a Misdemeanor
Domestic violence can be charged as a misdemeanor if the offense does not involve serious bodily harm or death. Misdemeanor domestic violence charges often include these offenses:
Domestic Battery – This is the most common misdemeanor domestic violence charge in Florida. It involves intentionally touching or striking a family or household member against their will.
Violation of Injunction or No Contact Order – Violating a restraining or protective order issued in a domestic violence case can also lead to misdemeanor charges. This can also result in the revocation of a defendant’s bail and cause them to be incarcerated or have their bail increased and their bail conditions tightened.
Stalking – Stalking not involving severe threats or physical harm may be charged as a misdemeanor.
Misdemeanor domestic violence convictions in Florida can result in the following penalties:
- Up to 1 year in jail,
- Anger management classes,
- Payment of restitution
- Community service
- Restraining orders / no contact orders, and
- Probation
Domestic Violence as a Felony
Domestic violence in Florida can also be elevated to a felony when the case involves serious injury or the use of a dangerous weapon. Felony domestic violence charges may include:
Aggravated Battery – If the domestic violence incident results in great bodily harm, permanent disability, or permanent disfigurement, the state can charge the defendant with aggravated battery, which is a second-degree felony, punishable by up to 15 years in prison and a $10,000 fine.
Aggravated Assault – Similar to aggravated battery, if the assault involves a deadly weapon and the intent to commit a felony but does not result in great bodily harm or permanent disability or disfigurement, a third-degree felony charge can be filed, punishable by up to 5 years in prison and a $5,000 fine.
Kidnapping – If a family or household member is forcibly abducted against their will, the felony offense charged will be kidnapping, a first-degree felony carrying a potential prison sentence of 30 years or up to life, depending on the circumstances. Kidnapping a child under 13 in an incident involving other aggravating factors can result in a life sentence.
Strangulation – Strangling or attempting to strangle a family or household member is considered a third-degree felony in Florida with a potential sentence of up to 5 years in prison and a $5,000 fine.
Repeat Offenses – Multiple domestic violence convictions can escalate the charges from misdemeanors to felonies.
Felony domestic violence convictions carry significantly harsher penalties, including substantial prison sentences and a permanent criminal record.
The Importance of a Skilled Domestic Violence Defense Lawyer
Experienced Florida domestic violence defense lawyers understand the complexities of domestic Florida criminal law and can assess the specifics of your case, identify weaknesses in the prosecution’s arguments, and develop a strong defense strategy tailored to your situation.
The chief duty of a professional domestic violence defense lawyer is to protect your legal rights. This involves listening to your recitation of the facts and investigating to obtain supporting evidence that discredits or contradicts the prosecution’s evidence.
Defending You Against Domestic Violence Charges
In cases in which some incident did occur that may support a domestic violence offense, our skilled defense lawyers have the legal expertise and procedural agility to negotiate a favorable disposition based on mitigating factors to minimize the negative consequences for our client.
When a trial is necessary, you need an attorney whose courtroom experience is known by prosecutors to be formidable and who is comfortable in the trial environment. As a Board-certified Trial lawyer and former prosecutor, Attorney Ben Stechschulte is uniquely qualified to represent you.
Choose Stechschulte Nell to help protect your legal rights in domestic violence cases and provide the skilled legal defense you need to minimize the potential for conviction. Call 813-280-1244 for a free, no-obligation case review.
