What is Domestic Violence Battery in Florida? - ADA Blog

What is Domestic Violence Battery in Florida?

by Aaron Delgado
08/30/22 (Updated: 08/30/22)

If you live in Florida, you understand that the beautiful weather, amazing theme parks, and beautiful beaches make it an attractive place to live. On the other hand, Florida also has a very strong justice system, and you need to make sure you defend yourself accordingly if you have been accused of domestic violence battery.

This charge is significantly different when compared to conventional battery, and the penalties are much more severe. Therefore, if you are being investigated for domestic violence battery, or if you have been charged with this crime in the state of Florida, you need to rely on an attorney who can help you. What do you need to know about this charge?

What Is Domestic Violence Battery?

According to laws in the state of Florida, domestic violence battery is classified as any intentional touching, striking, or physical contact with another person classified as a family member without his or her consent. There are several examples of people who can be considered household or family members. They include:

  • People who have children in common, regardless of prior marriage status
  • Individuals who resided together as a family in the past
  • Individuals who are currently living together as a family
  • Individuals who are related by marriage or blood
  • Spouses and ex-spouses

The statute requires that people who qualify as family or household members be living together currently or have lived together at one point in the past. If two people have a child in common, but never lived together, they still qualify as family or household members.

What Is the Penalty for Domestic Battery?

The penalties for domestic battery can be severe. It is judged as a first-degree misdemeanor, and it could cause someone to face $1,000 in financial penalties and a year in jail. Because it is considered a domestic crime, there are numerous other penalties that could qualify. A few examples include:

  • People who are convicted may have to spend six months in an intervention program
  • People who are found guilty could face 12 months of probation
  • If there is bodily injury, there could be a mandatory minimum of five days in jail
  • Individuals could be required to perform community service hours
  • A no-contact order could be imposed
  • Individuals could lose certain civil liberties, including the right to carry a weapon concealed

Because the penalties are so severe, it is important to work with an experienced attorney who can make sure your rights are protected.

Can Charges Be Expunged?

The charges can only be expunged if the case is dismissed or if you are found not guilty. If you plead guilty, are found guilty at trial, or plead no contest, then the record is ineligible to be expunged. You will have a criminal record for the rest of your life, and there are no exceptions to the rule. That is why it is important to make sure your rights are protected. There are several defenses that could be raised.

What Are the Top Defenses Against a Domestic Violence Battery Charge?

If you are charged with this crime, there are several defenses that could be raised. Some of the most common defenses include:

  • Vindictive: You could form a defense based on the fact that the alleged victim is vindictive, and he or she could have made the entire story up as a way to get revenge against you for some alleged wrong.
  • Self-Defense: You could also claim that you were defending yourself against attacks coming from the victim. For example, if the other person was actively punching or kicking you, then you should have the right to defend yourself under the law of the State of Florida.
  • Lack of Evidence: There might also be a lack of evidence supporting the claims made by the alleged victim. For example, if there is no proof of injuries, then it could be very difficult to prove that anything ever happened.
  • Defense of Others: You could also formulate a defense based on the defense of others. For example, you may have inflicted injuries on someone else because that person was trying to attack your children.
  • Defense of Property: In the State of Florida, you also have the right to defend your property. If you believe the defendant was going to damage your car, your house, or other valuable property, then you may have the right to defend that property.
  • Factual Disparities: You could also raise an affirmative defense, meaning that you simply say that it did not happen. If you have factual disparities that indicate you are never in the area where the alleged incident took place, then it may be possible to get the case dismissed, or you might be able to prevent charges from being filed altogether.
  • Consensual Combat: You might even be able to say that you were entering into consensual combat with the other person. If you and your spouse have a history of sparring together, then you could provide evidence showing that you spar, and you could claim that it happened on the day of the alleged incident.

Some of these offenses can be challenging to prove, so it is important to work with an attorney who can help you. Remember that the penalties for being convicted of domestic violence battery can be significant, so you should partner with an experienced family law attorney who can assist you. Our team would be happy to help.

Contact Aaron Delgado and Associates for Help With Domestic Violence Battery Charges in Florida

Domestic violence battery is always taken seriously in Florida, and the penalties for a conviction can be severe. Even being charged with this crime has the potential to turn your life upside down. Even though you may feel like the facts are on your side, you never know what will happen when you set foot in a courtroom. That is why you need to rely on a legal expert who can assist you.

At Aaron Delgado and Associates, we have an unparalleled level of experience working with people of all backgrounds regarding domestic violence battery charges. We will advocate for your rights, listening to your situation without judgment or reservation. Then, we will help you put your case in the best position possible to be successful.

Going through a criminal investigation, discovery, and trial can be nerve-racking, and we will make sure you are adequately protected every step of the way. Even if charges have not yet been filed, it is important not to delay. You need to get ahead of it as quickly as possible, so contact us today for a case consultation.

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