Domestic Violence FL Statute 741.28:
“Domestic violence” means 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.
“Family or household member” means 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 are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.
Domestic violence charges are treated differently than your normal simple assault or battery charge. The court may impose additional penalties which may include but are not limited to:
- Mandatory jail sentence upon conviction
- Completion of a 26-week domestic violence class
- Ineligibility for sealing or expungement
- Loss of your right to possess a firearm
- Loss of your concealed weapons permit
Battery – FL Statute 784.03:
The offense of Battery occurs when a person actually and intentionally touches or strikes another person against their will or intentionally causes bodily harm to another person.
A person who commits battery commits a misdemeanor of the first degree. A person who has one prior conviction for battery, aggravated battery, or felony battery and commits any second or subsequent battery commits a third-degree felony.
Assault – FL Statute 784.011:
The offense of assault in an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.
A person who commits assault commits a misdemeanor of the second degree.
Felony Battery – FL Statute 784.041:
A person commits felony battery if he or she actually and intentionally touches or strikes another person against the will of the other; and causes great bodily harm, permanent disability, or permanent disfigurement.
A person who commits felony battery or domestic battery by strangulation commits a felony of the third degree.
Felony Domestic Battery by Strangulation – FL Statute 784.041 (2)(a):
A person commits domestic battery by strangulation if the person knowingly and intentionally, against the will of another, impedes the normal breathing or circulation of the blood of a family or household member or of a person with whom he or she is in a dating relationship, so as to create a risk of or cause great bodily harm by applying pressure on the throat or neck of the other person or by blocking the nose or mouth of the other person
A person who commits domestic battery by strangulation commits a felony of the third degree.
Aggravated Battery – FL Statute 784.045:
Aggravated battery occurs when in committing the crime of battery the defendant either intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement, uses a deadly weapon, or if the offender knew or should have known that the victim was pregnant, and the person who was the victim of the battery was actually pregnant at the time of the offense.
Whoever commits aggravated battery commits a felony of the second degree.
Aggravated Assault – FL Statute 784.021:
Aggravated assault is an assault with a deadly weapon without intent to kill; or with an intent to commit a felony.
Whoever commits an aggravated assault commits a felony of the third degree.
The most common defenses include the following but are not limited to;
- Self Defense
- Defense of Others
- Defense of Property
- Mutual Combat
- Use of Force under Florida’s Stand Your Ground Law
- Accidental Touching