Domestic violence is a serious crime across the state of Florida which is being prosecuted more zealously than ever. Domestic Battery, under Florida Statutes, Section 741.28, encompasses the unlawful touching of a person who is classified as a “family or household member.” A family or household member can include the following:
- A person with whom you have a child, no matter whether you are or have ever been married to the person
- A person who lives or has lived in the same house with you as if family
- A family member who lived in the same house with you
- Any person who is related to you by marriage or blood
- Ex-spouses, and
- Wives and husbands
With the exception of a person with whom you have a child, the statute requires the person either to be currently living with you or to have lived with you in the past. Any unlawful touching—meaning you intentionally touched or struck another person without his or her consent, or intentionally caused bodily harm to another person—can be charged under Domestic Battery so long as the alleged victim falls into one of the above categories. Schedule a FREE consultation with our Sarasota criminal defense lawyer today.
Potential Penalties Associated with a Conviction for Domestic Battery
Your penalties, if convicted of the crime of Domestic Battery, will depend on the circumstances surrounding the alleged crime, as well as whether you have a prior criminal history. Domestic Battery is classified as a first-degree misdemeanor, subject to the following penalties:
- Up to one year in a Florida county jail
- Up to one year of probation>
- A maximum fine of $1,000
- Completion of a 29 week Batterer’s Intervention Program
- Community service; and
- Mandatory five days in jail if you are judged guilty, and there was bodily injury
Potential Defenses to the Offense of Domestic Battery
Of course, your defense will depend on the circumstances of your case. However, your Florida criminal defense attorney may employ one of the following defenses on your behalf:
- There is no solid evidence to corroborate the allegations of Domestic Battery
- The alleged victim is acting out of vindictiveness or anger (i.e., false allegations)
- There are no obvious injuries to the alleged victim
- There are factual disputes regarding the underlying incident
- You were acting in self-defense, or you were defending another person or your own property or
- The alleged Domestic Battery was actually mutual combat or a consensual confrontation
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Call The Law Place for Experienced Criminal Attorneys
In the state of Florida, the charge of Domestic Battery is a highly defensible charge. Consequently, you should not plead guilty until you have spoken to a criminal attorney from The Law Place. Our criminal attorneys will look at the facts surrounding your case, considering your legal options from every angle. Our criminal attorneys can make early contact with the prosecutor in your case, which can impact his or her decision to move forward with charges of Domestic Battery. If a “no-contact” order is issued against you, we can help you address that order. Contact a criminal attorney from The Law Place today by calling 941-444-4444.
