Being charged with domestic violence in Florida can put you at risk of facing severe penalties, including a prison sentence, fees, and a blow to your reputation. To have a chance of avoiding the worst of these consequences, you need to put on a strong defense. That can only happen if you have an experienced criminal defense attorney by your side.
At Cruz Law, we have decades of experience defending people who have been accused of serious crimes. Learn more about how our team of lawyers can defend you against domestic violence charges and get answers to some of the most common questions that clients have, including “Is domestic battery a felony in Florida?”
Understanding Domestic Violence Crimes in Florida
Florida law defines domestic violence as unlawful touching or intentional bodily harm of a family or household member. The state recognizes spouses, former spouses, people who currently live together in one household, and co-parents of a child as family. Domestic violence includes acts such as:
- Battery
- Sexual battery
- Sexual assault
- Assault
- Aggravated assault
- Aggravated battery
- Stalking
- Aggravated stalking
- Kidnapping
- False imprisonment
Not all domestic violence is physical. Psychological, emotional, and financial abuse are also considered domestic violence and can be charged as such.
Types of Domestic Violence Charges
There are a few different types of domestic violence charges you could face in Florida. Domestic battery is one of these charges. Battery is the act of striking someone against their will and inflicting bodily harm. Aggravated battery, which is a second-degree felony charge, would involve hitting someone with a weapon or causing great bodily harm.
There’s another category called domestic violence by strangulation. This is a third-degree felony charge that involves the intentional removal of air supply from a household or family member.
Another charge you could face is domestic assault or aggravated assault. Domestic assault encompasses verbal threats and physical actions against a family or household member, and aggravated assault includes the use of a deadly weapon.
Florida law also recognizes stalking and cyberstalking as domestic violence. These are typically misdemeanor charges. If you’re charged with aggravated stalking, it means that you’re accused of threatening the alleged victim with physical harm or stalking them in violation of a protection order (injunction).
Violating a protection order is itself a crime. If you’re charged with violating an injunction against domestic violence or dating violence, you could face first-degree misdemeanor charges. This could rise to a felony charge after a third violation.
Is Domestic Violence a Misdemeanor or Felony in Florida?
Is domestic battery a felony in Florida? What about aggravated assault? Understanding whether you’re charged with a misdemeanor or felony is vital because the penalties are different.
Domestic violence can be either a misdemeanor or a felony in Florida, depending on a variety of factors. Domestic assault, for example, is a second-degree misdemeanor that involves using threatening words or actions to make a family or household member think that they are in physical danger. If you’re charged with using a deadly weapon without the intent to kill, you face a third-degree felony charge.
So is domestic battery a felony in Florida? In most cases, it’s not. Simple domestic violence battery is a first-degree misdemeanor. This charge can become an aggravated battery charge if:
- You’re accused of striking a family or household member with the intent of causing great bodily harm
- You knew or should have known that the alleged victim was pregnant
- You involved a deadly weapon
Generally, if you’ve never faced a domestic violence charge before and there are no deadly weapons involved in the current charge, you face misdemeanor charges. If there was a weapon involved or you’re charged with kidnapping, false imprisonment, aggravated stalking, sexual battery, or domestic battery by strangulation, you’re facing felony charges.
Defending Against Domestic Violence Charges
The most appropriate defense in a domestic violence case will depend on the exact nature of the charges. Hiring a criminal defense attorney is essential, however, because of the serious consequences you face if you’re convicted.
One of the defense strategies that your lawyer may employ is to try to discredit the prosecution’s evidence. Your team can attack the credibility and reliability of everything the prosecution holds against you and can fight to have certain evidence excluded.
Other powerful defenses are showing that you weren’t at the site of the alleged crime, that you acted in self-defense, or that the harm the plaintiff allegedly suffered was not intentional. If there are no visible injuries, it may also be possible to dispute that the incident occurred.
The Importance of a Strong Defense
Being convicted of domestic violence can put you at risk of facing prison time and thousands of dollars in fines. Domestic violence that results in bodily harm has a minimum jail sentence of 10 days for a first offense, for example, with each subsequent offense meaning further jail time. Even if a judge allows for probation instead of imprisonment, the defendant has to attend a batterers intervention program.
If you’re convicted, you also face firearm restrictions and you’ll have a criminal record for the rest of your life. That could impact your career, any ongoing child custody cases, and other aspects of your life.
With a robust defense, you could avoid some or all of these consequences. Don’t wait to hire an attorney if you’re charged.
Next Steps After a Domestic Violence Arrest
After being arrested for a domestic violence charge, one of the first things you need to know is that you’re not given an automatic bond. Instead, your case is set as “no bond” until you go to your first appearance. That must occur within 48 hours.
It’s important to immediately hire an attorney to represent you so that they can be with you during this first appearance. Your lawyer will help you with the process of posting a bond, and they will ensure that you understand all of the restrictions you face while out on bail.
The next step is a pretrial conference, which allows both parties to discuss witness lists, evidence, and the option of plea agreements. Your lawyer will fight to get you lesser charges or to get the case dropped altogether.
If it’s impossible to come to a resolution, the case will proceed by going to trial. The prosecution must prove that you committed what you’re charged with beyond a reasonable doubt.
Hire Experienced Criminal Defense Attorneys
If you’ve been charged with domestic violence, you need an aggressive defense. Because of the potentially harsh penalties you face, you don’t want to risk being convicted of the charges. That means you need to hire qualified lawyers to fight for your rights.
At Cruz Law, we have years of experience helping people throughout Florida get fair treatment under the law. We will investigate the alleged crime and gather evidence to fight the prosecution’s claims. We know that each domestic violence case is unique, so we tailor our representation to fit your exact needs.
You don’t want to waste a single moment after being arrested for domestic violence in Florida. Contact Cruz Law to schedule a consultation with one of our criminal defense lawyers.
