Domestic Assault and Battery in Florida
Domestic Violence charges, such as Assault and Battery, carry a heavy stigma and severe consequences.
Florida law outlines the differences between a normal assault or battery offense and a domestic offense, as well as the potential penalties for a conviction.
Domestic violence occurs between family members, spouses, or those in an intimate relationship.
A domestic violence charge can have a huge impact on an offender's life, and assault is no exception.
Section 784.
011 of the Florida Criminal Code defines assault as a person intentionally placing another person under fear of imminent violence.
Physical harm does not have to be inflicted for this charge to apply, the victim must simply have feared immediate harm.
A domestic assault offense can apply to any person who is a family member or in a relationship with the accused, meaning that spouses, siblings, and dating couples may be subject to this offense.
A domestic assault charge can even be brought against those who were previously in a relationship.
The penalties for a domestic assault charge could be increased based on an offender's criminal history.
For a first time offender, Section 775.
082-.
083 outlines that this offense is considered a second-degree misdemeanor, and may be punished by up to 60 days in jail and up to $500 in fines.
Probation may be used as an alternative to jail time, depending on the specific circumstances.
An attorney may be beneficial in seeking this type of alternative sentencing.
Battery involves an offender intentionally striking or causing physical harm to the victim.
A battery offense increases in severity depending on the history of previous offenses and the harm inflicted, and can range from a misdemeanor to a third degree felony.
The potential penalties for this offense range from a maximum of one year in prison to up to 5 years and a maximum fine between $1,000 and $5,000.
Apart from criminal charges, domestic violence charges can also impact any civil family law disputes underway.
If the alleged offender has any children, they could lose custody, or could even face a protective order barring visitation of their spouse or children.
The defendant may also be ordered to attend anger management classes.
Many areas of Florida offer a Batterer's Intervention Program that may be required in conjunction with probation and in lieu of jail time.
This program runs for a minimum of 26 weeks and seeks to educate and aid those who participate in order to prevent further violence.
Florida law outlines the differences between a normal assault or battery offense and a domestic offense, as well as the potential penalties for a conviction.
Domestic violence occurs between family members, spouses, or those in an intimate relationship.
A domestic violence charge can have a huge impact on an offender's life, and assault is no exception.
Section 784.
011 of the Florida Criminal Code defines assault as a person intentionally placing another person under fear of imminent violence.
Physical harm does not have to be inflicted for this charge to apply, the victim must simply have feared immediate harm.
A domestic assault offense can apply to any person who is a family member or in a relationship with the accused, meaning that spouses, siblings, and dating couples may be subject to this offense.
A domestic assault charge can even be brought against those who were previously in a relationship.
The penalties for a domestic assault charge could be increased based on an offender's criminal history.
For a first time offender, Section 775.
082-.
083 outlines that this offense is considered a second-degree misdemeanor, and may be punished by up to 60 days in jail and up to $500 in fines.
Probation may be used as an alternative to jail time, depending on the specific circumstances.
An attorney may be beneficial in seeking this type of alternative sentencing.
Battery involves an offender intentionally striking or causing physical harm to the victim.
A battery offense increases in severity depending on the history of previous offenses and the harm inflicted, and can range from a misdemeanor to a third degree felony.
The potential penalties for this offense range from a maximum of one year in prison to up to 5 years and a maximum fine between $1,000 and $5,000.
Apart from criminal charges, domestic violence charges can also impact any civil family law disputes underway.
If the alleged offender has any children, they could lose custody, or could even face a protective order barring visitation of their spouse or children.
The defendant may also be ordered to attend anger management classes.
Many areas of Florida offer a Batterer's Intervention Program that may be required in conjunction with probation and in lieu of jail time.
This program runs for a minimum of 26 weeks and seeks to educate and aid those who participate in order to prevent further violence.