Facing Charges of Domestic Battery in Florida
In Florida, a charge of “domestic violence” might be based on suspicion of any one of several different crimes. The common link among all domestic violence charges is that a violent act was allegedly committed against a family member, member of the same household, or dating partner. A “domestic battery” charge is just one of the possible domestic violence charges in Florida.
Domestic Battery involves an intentional, unlawful contact with a family member, household member, or dating partner against that person’s will or that causes bodily harm. It also includes felony battery and aggravated battery against any of these parties.
Domestic violence of any kind is a serious charge to face in Florida, and prosecutors generally pursue these charges aggressively. At Farah & Farah, we’re committed to providing an equally aggressive defense for each client we represent, safeguarding your legal rights and fighting for the best possible outcome in your case. To learn more about the charges you may be facing and how you can defend yourself, contact our legal team for a free consultation at 855-797-9899.
What Is Domestic Battery in Florida?
Florida Statutes Section 784.03 states that battery occurs when one person “actually and intentionally touches or strikes another person against the will of the other; or intentionally causes bodily harm to another person.” This charge becomes one of domestic battery if the act is committed against a household member, a family member, or a dating partner.
Domestic battery is a misdemeanor in Florida, with a maximum penalty of one year in jail and/or a $1,000 fine. Those with previous battery convictions may be charged with a third-degree felony and face up to five years in prison and a $5,000 fine if convicted.
What Is Felony Battery?
Felony battery is when a person has been convicted of a prior battery and makes the otherwise misdemeanor charge of simple battery a third degree felony. In other words, felony battery is a simple battery (misdemeanor) that is charged as a felony because the person has a prior battery conviction. Aggravated battery is also a felony, but it is prosecuted more severely due to aggravated battery either involving a deadly weapon or battery that causes great bodily harm.
What Is Aggravated Battery?
Aggravated battery is Florida’s most serious battery charge. According to Florida law, a person commits aggravated battery when he or she “intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or uses a deadly weapon.” Committing battery against someone who is known to be pregnant may also fall under the aggravated battery statute.
Aggravated battery, including “domestic” aggravated battery, is a second-degree felony in Florida. Second-degree felonies carry maximum penalties of 15 years in prison and/or $10,000 in fines.
Facing a Domestic Battery Charge in Florida
Police and prosecutors tend to aggressively pursue domestic battery claims, even if the underlying facts won’t support a conviction. If you’re facing a domestic battery charge of any kind, you don’t have to defend yourself alone. The Jacksonville criminal defense attorneys at Farah & Farah can help, protecting your legal rights and fighting for you every step of the way. For a free, confidential consultation, contact our office at 855-797-9899 today.