All About Domestic Violence Charges in Florida
Every year, Daytona Beach, Florida, witnesses numerous cases of domestic violence, with a significant portion remaining unreported. Shockingly, statistics reveal that one in four women and one in nine men in the United States have experienced severe domestic violence, while many more endure lesser-known incidents. Understanding the legal framework surrounding domestic violence is crucial for both victims and those accused.
In Florida’s legislation, domestic violence is addressed through several pivotal measures:
- Child Protective Investigations Training: Ensures that personnel conducting child protective investigations are equipped with the necessary skills to remove domestic violence perpetrators from the household using injunctions.
- Minimum Sentencing: Establishes minimum sentencing guidelines for domestic violence cases, emphasizing the seriousness of such offenses.
- Domestic Violence Trust Fund Surcharge: Mandates the payment of a surcharge upon certain convictions to fund the Domestic Violence Trust Fund, supporting initiatives aimed at combating domestic violence.
Moreover, Florida’s legislation underscores the importance of intervention and rehabilitation by requiring domestic violence offenders to undergo a certified batterers’ intervention program at their own expense.
Notably, the Act introduces the concept of “preferred filing” for law enforcement officers when dealing with potential domestic violence situations. This approach prioritizes the arrest and charging of the primary aggressor while aiming to protect individuals who may have acted in self-defense.
What constitutes domestic violence in the context of Florida law?
Domestic violence is defined under Florida Statutes 741.28, encompassing a broad range of actions beyond physical altercations. To qualify as domestic violence, the perpetrator and victim must share specific relationships, including spouses, former spouses, blood relatives, or individuals residing together or having a child together.
Crimes classified as domestic violence include assault, battery, sexual assault, stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death.
Is Domestic Violence a Felony in Florida?
The severity of domestic violence charges varies, with some categorized as misdemeanors and others as felonies based on the underlying crime. However, regardless of the classification, domestic violence carries significant legal ramifications.
Penalties for Domestic Violence in Florida
In Florida, the penalties for domestic violence can vary based on the specific circumstances of the crime, the defendant’s criminal history, and other factors. Here are some potential penalties for domestic violence convictions in Florida:
- Jail Time: Depending on the severity of the offense, jail time can be up to one year.
- Minimum of 10 days required jail 1st offense (if the defendant is adjudicated guilty and there is intentional bodily injury)
- Probation: any plea of guilty or no contest to a crime of domestic violence will result in a minimum of one year probation with the condition to attend and complete a Batterers’ Intervention Program, unless the court determines another program is more appropriate.
- Anger Management Classes: Offenders may be required to attend anger management classes at their own expense.
- Substance Abuse Evaluation and Treatment: If applicable, individuals may need to undergo substance abuse evaluation and treatment, also at their own expense.
Are domestic violence records public?
Yes, domestic violence convictions in Florida are part of the public record and can impact various aspects of life, including employment and housing opportunities. Unlike some offenses, domestic violence charges cannot be sealed or expunged, underscoring the importance of obtaining legal guidance to mitigate long-term consequences.
Where are domestic violence cases filed?
Domestic violence cases in Daytona Beach are filed in county courts, mirroring the procedures for other criminal offenses. Additionally, victims can seek protection through civil court injunctions, providing quicker relief from further abuse or threats.
What is the Difference between Assault, Battery, and Domestic Violence in Florida?
Assault
In the state of Florida, assault encompasses both physical actions and verbal threats intended to harm another individual. The crucial element in determining assault is the creation of a well-founded fear in the victim that imminent violence is about to occur, coupled with the apparent ability of the perpetrator to carry out the threat. Contrary to common belief, physical contact is not a prerequisite for an assault charge in the Florida criminal justice system. Even a verbal threat or an attempt to strike someone without making contact can constitute assault.
Assault is classified as a second-degree misdemeanor in Florida, carrying penalties of fines of up to $500 and a maximum jail term of 60 days. However, certain aggravating factors, such as aggravated assault or assault in the context of domestic violence, can result in more severe penalties and additional sentencing obligations.
Battery
In Florida, the legal charge of Battery is commonly equated with what many perceive as “assault.” Battery occurs through two distinct actions. Firstly, it involves the intentional striking of another individual against their will. Secondly, it encompasses the deliberate infliction of bodily harm upon another person. Battery is classified as a first-degree misdemeanor, carrying potential penalties of up to one year in jail and fines reaching $1,000.
However, if an individual is convicted or pleads guilty to battery and has a prior battery offense on their record, the charge escalates to a third-degree felony. Similar to aggravated assault, this felony charge can lead to a sentence of up to five years in prison and fines totaling up to $5,000. Additionally, the legal system recognizes aggravated battery as a separate offense, particularly when the allegations involve exceptionally severe circumstances.
Domestic Violence
- Relationship Requirement: Domestic violence charges apply when the alleged victim and the defendant have a domestic relationship. This means they live together, have lived together in the past, or share a child.
- Applicable to Assault and Battery: Domestic violence can apply to both misdemeanor and felony assault and battery offenses.
- Enhanced Penalties: When an assault or battery is charged as domestic violence, the penalties can be more severe.
Domestic violence involves a specific relationship context, while assault and battery can occur independently of any domestic relationship. Understanding these distinctions is crucial if you’re facing accusations related to these crimes in Florida. If you have been charged with domestic violence, contacting an experienced criminal defense attorney in Daytona Beach, Florida is critical.
Domestic Violence Defense Attorney in Daytona Beach, Florida
Seeking help and legal guidance is paramount for both victims and those accused of domestic violence. Sam Masters Legal is dedicated to providing compassionate support and rigorous defense for individuals navigating domestic violence allegations. Contact us today by calling (386) 252-4717 for a confidential consultation to discuss your rights, explore your legal options, protect your rights, and protect your future.