Domestic Violence Battery
Under Florida Statute 741.28 the charge of domestic violence battery is the intentional touching or striking of a family member or household member against their will.
A family member or household member is defined as spouses, former spouses, persons related by blood or marriage, persons who are presently living together as a family or who has lived together in the past as a family in the same home, and persons who are parents of a child in common regardless of whether they are married.
A conviction for domestic violence battery is a misdemeanor of the first degree punishable by up to one (1) year in jail, up to one (1) year of probation, or a fine of up to $1,000.
A conviction for domestic violence battery also means the following:
- A mandatory jail sentence, if a first offense, of at least 10 days in jail if a person intentionally caused bodily harm to the other person. (Florida Statue 741.283)
- A mandatory 26-week batter’s intervention course.
- You will not be able to seal or expunge your record, regardless of whether adjudication was withheld.
- If you are not a United States citizen, this can be treated as a deportable offense for immigration purposes.
Domestic Violence Battery can become a Felony of the Third Degree if strangulation is alleged to have occurred. That means if a person knowingly and intentionally, against the will of another, impedes the normal breathing and circulation of the blood of a family or household member, or the person with whom they are in a dating relationship, by blocking the nose or mouth or applying pressure to the the throat or neck of a family or household member, he can face a sentence of up to five (5) years in prison, up to five (5) years of probation, or a fine of up to $5,000.
During the pendency of the case, to get help to address the factors and behaviors that may have triggered the reaction that resulted in the altercation, the persons involved in the incident can seek counseling. Counseling could prove helpful in avoiding future disagreements that become a domestic violence battery report.
Hiring a criminal defense attorney to help you navigate these serious lifelong consequences is imperative. Do not delay, call and schedule a consultation with Attorney Alison Lopes.