Domestic Violence Charges and Penalties in Florida
Domestic violence is a serious issue that affects many families across Florida. Understanding the specific laws and potential penalties for domestic violence charges is important for anyone involved in a domestic dispute. This article provides an overview of common domestic violence crimes, sentencing guidelines, and defense strategies in Florida.
What Constitutes 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.
A “family or household member” refers to 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 have a child in common regardless of whether they have been married or have resided together at any time.
Common Domestic Violence Charges
Some of the most common domestic violence charges in Florida include:
- Domestic Battery – Knowingly and intentionally touching or striking someone against their will in a harmful or offensive manner. Domestic battery is a 1st degree misdemeanor, punishable by up to 1 year in jail.
- Aggravated Domestic Battery – Intentionally or knowingly causing great bodily harm, permanent disability, or permanent disfigurement to a family or household member. This is a 2nd degree felony, punishable by up to 15 years in prison.
- Domestic Assault – An intentional, unlawful threat by word or act to do violence to a family or household member, coupled with an apparent ability to do so, which creates a well-founded fear that such violence is imminent. Domestic assault is a 1st degree misdemeanor.
- Aggravated Domestic Assault – Assault with a deadly weapon without intent to kill or assault with intent to commit a felony. This is a 3rd degree felony, punishable by up to 5 years in prison.
- Domestic Violence by Strangulation – Knowingly and intentionally impeding the normal breathing or circulation of blood by applying pressure on the throat or neck of a family or household member. This is a 3rd degree felony.
- Violation of an Injunction for Protection Against Domestic Violence – Knowingly violating a restraining order issued by a Florida court to protect a victim of domestic abuse. This is 1st degree misdemeanor for first offense but punishable by up to 5 years imprisonment for subsequent offenses.
Factors Considered in Domestic Violence Sentencing
Florida utilizes sentencing guidelines that take into account the severity of the offense and prior criminal history of the defendant. Specific factors considered by judges when imposing sentences for domestic violence crimes include:
- The nature and circumstances of the offense. More violent offenses with serious injuries or use of weapons may receive harsher sentences.
- Prior history of domestic violence. Repeat offenses or violations of injunctions will be penalized more severely.
- Use of a child in the commission of the offense. Penalties increase if children are present during the violence.
- Possession or use of a weapon. Sentences escalate when deadly weapons are involved.
- Victim injury. Causing great bodily harm, permanent injury or disfigurement leads to longer sentences.
- Violation of a domestic violence injunction. Punishments stiffen if a valid restraining order is disobeyed.
- Criminal history. Prior domestic violence or other types of convictions will enhance sentencing.
Domestic Battery Penalties
For a first offense misdemeanor domestic battery conviction, penalties can include:
- Up to 1 year in jail
- Up to 1 year of probation
- Anger management counseling
- Batterer’s intervention program
- Restitution to the victim
Subsequent domestic battery convictions will face the following enhancements:
- 2nd conviction – minimum 10 days jail, up to 1 year jail
- 3rd conviction – minimum 30 days jail, up to 5 years prison
- 4th conviction – permanent revocation of firearms rights
Aggravated Domestic Battery Penalties
As a 2nd degree felony, aggravated domestic battery carries stiffer penalties such as:
- Up to 15 years in state prison
- Up to 15 years probation
- Permanent revocation of right to possess firearms
- Fines up to $10,000
Judges have wide discretion in sentencing, but factors that can increase penalties include prior domestic violence convictions, possession of weapons, and the severity of victim injuries.
Defenses Against Domestic Violence Charges
There are several legal defenses that can be raised to contest domestic violence allegations:
- Self-Defense – Force was used against the alleged victim to protect yourself from imminent harm. The force used must be proportionate to the threatened harm.
- False Accusations – The alleged victim fabricated the accusations out of anger, jealousy or other ulterior motives. Lack of injuries or impartial witness accounts can show charges are false.
- Mistaken Identity – Someone else committed the alleged acts, and you are wrongly accused. Alibi witnesses and mistaken eyewitness testimony may clear your name.
- Accident – Any injuries were the result of an unintentional accident, not purposeful violence. Accidental falls or other mishaps can sometimes be misconstrued.
- No Intent – You did not have the requisite criminal intent to commit assault or battery. Mental incapacity, intoxication or lack of intentional action can disprove intent.
- Self-Defense Against Multiple Attackers – Florida law allows the use of non-deadly force if you are attacked by multiple assailants at once, even if they are family or household members.
Seeking an Experienced Criminal Defense Attorney
Domestic violence charges should always be taken seriously, as convictions can destroy careers, separate families, and lead to long-term loss of civil liberties. An experienced Florida domestic violence defense lawyer can carefully examine the evidence and build the strongest defense to fight the charges. They will aggressively advocate for your rights in pretrial negotiations or trial. Don’t hesitate to call a criminal defense attorney if you or a loved one are facing domestic abuse allegations.
Domestic Violence Injunctions in Florida
Beyond criminal penalties, Florida law also allows victims of domestic abuse to obtain civil injunctions for protection against their abusers. Also called restraining orders, these court orders can prohibit the offender from contacting, harassing, stalking, or approaching the victim.
Who Can File for an Injunction?
Domestic violence injunctions are available to:
- Current or former spouses
- Persons related by blood or marriage
- Persons who currently or formerly resided together as a family
- Parents of a child in common
- Individuals who currently or previously dated
Victims who meet these relationship criteria can petition for an injunction, regardless of whether the abuser was criminally charged or convicted.
Types of Domestic Violence Injunctions
There are two types of injunctions available:
- Temporary Injunction – An emergency injunction issued ex parte after an initial hearing before a judge. This provides immediate protection while a permanent injunction is considered.
- Permanent Injunction – A long-term injunction issued after a full hearing where the abuser has opportunity to respond to allegations. Permanent injunctions typically remain in effect for 1 year but can be extended.
Violating the conditions of any domestic violence injunction is a 1st degree misdemeanor punishable by up to 1 year in jail. A second violation enhances penalties to a 5th degree felony with up to 5 years imprisonment.
Injunction Prohibitions
Domestic violence injunctions can prohibit the abuser from:
- Committing any acts of violence against the victim
- Contacting the victim in person, by phone, mail, or electronic means
- Entering the victim’s home, school, workplace, or other specified locations
- Harassing, cyberstalking, or threatening the victim
- Possessing any firearms or ammunition
The injunction will be tailored to the victim’s specific situation and needs. Police can make an immediate arrest if they have probable cause to believe the injunction has been violated.
Seeking an Injunction After an Arrest
Domestic violence victims do not need to wait until after criminal prosecution is completed to seek a protective injunction. In fact, many victims obtain injunctions soon after an abusive incident while charges are still pending.
Early injunctions are critical to prevent further violence or retaliation as the criminal case proceeds. An experienced domestic violence lawyer can help navigate both the criminal charges and injunction process to ensure the victim’s safety.
The Domestic Violence Injunction Process
The process for obtaining an injunction involves the following steps:
- Filing a petition – The victim completes paperwork describing the facts of abuse under oath. This can be filed in the circuit where the victim lives, where the abuser lives, or where the violence occurred.
- Temporary injunction hearing – A judge reviews the petition and may issue an emergency injunction if an immediate threat is present. This can be obtained ex parte without the abuser present.
- Serving notice – The abuser must be served with notice of the allegations and any temporary injunction.
- Permanent injunction hearing – A full hearing is held where the abuser can respond to allegations and both parties present evidence.
- Issuing final injunction – If requirements are met, the court will issue a permanent injunction effective for up to one year.
Victims should be aware injunction violations can trigger criminal penalties. They should contact police immediately if the abuser violates the injunction.
Conclusion
Domestic abuse is a grave problem in Florida, but legal protections exist to help victims escape violence and hold perpetrators accountable. Understanding domestic violence charges, sentencing guidelines, defenses, and the injunction process is essential for anyone impacted by domestic disputes. With proper legal guidance, victims can take steps to assert their rights, while those accused can actively build their defense.