Pumphrey Law Blog Difference between Assault, Battery, and Domestic Violence in Florida June 14, 2020 Domestic Violence, Violent Crimes What is the Difference between Assault, Battery, and Domestic Violence in Florida? Assault, Battery and crimes of domestic violence are crimes which are commonly mistaken for one another and mixed up. They have very different meanings in the state of Florida, and if you have been accused of one of these crimes, it is important to understand exactly what the state is alleging. Assault Assault in the state of Florida is either a physical or a verbal threat to harm another. There must be an "apparent ability" to carry out the threat and it must create a well-founded fear in the victim that the violence is imminent. Assault is often thought of as hitting or striking someone, but in the Florida criminal justice system no actual contact needs to be made. A verbal threat or swinging at someone without making contact can be enough to satisfy a charge of Assault.
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As discussed previously, if you are arrested for domestic battery you will not have a bond set until you appear in front of a Judge. Therefore, if you are arrested by the officer and charged with domestic battery, you will have to appear in front of a Judge for them to determine your bond amount and any further conditions of release. That means that if you are arrested at 7:00 a. m. and your county's first appearance is at 9:00 a. m., you might remain in jail until the next morning if you do not make the morning cut off period set by your local judiciary. Once you appear in front of a Judge and they determine your prior history and the seriousness of the offense, they will typically release you with certain conditions. These further conditions will often include no contact while the case is pending and could also require you to be placed on a supervised release program. Supervised release is a program paid for and subsidized by individual counties, and is often like being on probation before the case is even over.
One of the most serious issues facing the State of Florida is the number of domestic battery cases that occur each and every year. Although we generally tend to think of domestic violence as a crime perpetrated by men against women, there are actually many types of situations in which this type of crime can and does occur. For example, one roommate might commit battery against another roommate; an individual may be arrested for hitting his or her sibling; or an adult child could commit a violent act against a parent. Many of these cases happen when one or both of the individuals involved are under the influence of alcohol or drugs. What is Domestic Battery in Florida? The vast majority of these domestic violence cases do not involve any injury to the victim and are prosecuted under Florida's misdemeanor domestic battery, Florida Statute 741. 28. The maximum penalty for misdemeanor battery is one year in county jail. However, it is important to know that police officers and prosecutors, like an assault lawyer, take all domestic violence cases very seriously.
If a person is convicted or pleads guilty to battery with a prior battery on their record, the charge becomes a third-degree felony, just as with aggravated assault, this carries up to five years in prison and up to $5, 000 in fines. Similar to Assault, a separate crime of aggravated battery also exists when the allegations are particularly severe. Aggravated Battery Aggravated battery requires first an underlining battery offense, but then one of three facts to be present. The perpetrator "intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement;" utilizes a "deadly weapon;" or the victim is pregnant at the time and the defendant knew or should have known that was the case. This results in up to fifteen years in prison, and up to a $10, 000 fine. Felony Battery and Domestic Battery by Strangulation If a person strikes another on purpose, does not intend to cause great bodily harm, disability or permanent disfigurement, but nevertheless causes it, that can be charged as Felony Battery.
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Is Domestic Battery a Felony in Florida? | Goldman Wetzel
041(2)(a) as intentionally impeding the normal blood circulation or breathing process of a significant other, household member or family member by applying substantial pressure on the neck or throat, or blocking the nose or mouth, creating the risk of great bodily harm, or actually causing great bodily harm. For a free legal consultation with a strangulation lawyer serving Sarasota, call 941-444-4444 Penalties You Could Face for a Conviction of Domestic Battery by Strangulation If charged with Domestic Battery by Strangulation, you are facing a very serious third-degree felony.
In most cases, if the police are called to a residence for some type of domestic violence, they will likely put the suspected offender in jail due to fear that the situation will escalate and lead to more serious violence after they depart. Police and prosecutors may also seek jail time or a prison sentence if the defendant has a history of domestic violence and has been arrested for similar crimes in the past. Domestic Battery under Florida Law Domestic Battery is defined by Florida Statute 741. 28 as the following: "Domestic violence" means 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. " In the next paragraph of the Statute, a family or household member is defined as follows: "Family or household member" means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married.
Typically, the Judge will order no contact with the victim and you will have to find another place to stay while the case is pending. In most jurisdictions, law enforcement will be able to escort you back to your residence to obtain any personal belongings you may need. Violating a no contact order while a case is pending, could result in a new criminal charge been filed against you by the State Attorney.
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Our criminal attorneys attorneys have the experience and the knowledge of Florida laws to defend you against the charges of Domestic Battery by Strangulation. We will work hard to have the charges dismissed or reduced, and, in the event of a conviction, we will work to have your penalties reduced, to the extent possible. Contact The Law Place today at 941-444-4444 for an experienced, knowledgeable criminal defense attorney who will be the advocate in your corner when you need one the very most. Call or text 941-444-4444 or complete a Free Case Evaluation form © Copyright 2021 Florida Attorneys • DUI, Criminal, Ticket, Personal Injury, Federal | Sitemap | Privacy Policy