In Florida, domestic violence and battery are closely related, and a charge of domestic violence often involves allegations of battery. However, Florida law distinguishes between battery and domestic violence in significant ways that affect the penalties imposed and the proof required to convict a defendant. In this article, we’ll explain the relationship between battery and domestic violence under Florida law and discuss how a lawyer can help if you’re facing such charges.
Stechschulte Nell, Attorneys at Law in Tampa have been successfully representing people charged with battery and/or domestic violence for many years. We take every client’s case as an individual priority because we understand that your criminal case is probably the most important and frightening presence in your daily life. If you are charged with any criminal offense involving battery or any domestic violence offense, contact our office today. We know how to help you.
The Relationship Between Battery and Domestic Violence
Battery is a criminal offense in Florida, defined under Florida Statutes Section 784.03. It occurs when one person intentionally touches or strikes another person against their will or intentionally causes bodily harm to someone else. Battery can range from a simple misdemeanor offense to a felony if it involves aggravating factors such as the use of a weapon or the severity of injuries.
Battery is a separate and distinct crime from assault. Assault is an unlawful threat to strike or to physically harm someone that causes fear in the person threatened. The offender must seem to have the “present ability” to carry out the threat. An example an assault without a battery would be when one person raises their fist against another person who then cowers or flinches. No contact is necessary, only a threat and an instigation of fear in the potential victim.
While a person may be injured in either case, injury is not a necessary element of either charge.
Domestic Violence Defined
Domestic violence is a broader concept encompassing various criminal offenses committed by one family or household member against another. Florida Statutes Section 741.28 defines domestic violence to include acts like assault, aggravated assault, battery, aggravated battery, sexual assault, stalking, and more when perpetrated by one family or household member against another.
Battery can be a component of domestic violence when it occurs within a domestic or familial relationship. If someone is accused of committing battery against a family or household member, it is classified as domestic violence.
The relationship between battery and domestic violence is extremely important because it determines the way the case are handled within the Florida legal system. When a battery or other crime is committed in a “domestic” context, the prosecution and the court view the offense as more serious and are legally empowered to seek and impose additional severe penalties if the defendant is convicted.
Read More > Is Domestic Violence a Misdemeanor or a Felony?
The Penalties for Domestic Violence Charges
Domestic violence charges can have significant consequences in addition to the standard penalties associated with the underlying offense charged.
Batterer’s Intervention – Florida law mandates that any person entering a plea of Nolo or otherwise guilty of a domestic violence offense shall be ordered into a batterer’s intervention program unless the court specifically identifies grounds on which it believes the defendant to be an inappropriate participant.
No Contact Orders / Restraining Orders – Defendants convicted of any domestic violence offense will have a restraining order imposed by the court prohibiting them from engaging in any contact with the victim. Such no-contact orders are also routinely issued and remain in effect during the pretrial phase of the criminal case. Violation of a civil domestic violence injunction or a criminal no-contact order constitutes a separate offense, a first-degree misdemeanor punishable by up to 1 year in jail and a $1,000 fine in addition to other penalties.
Mandatory Minimum Jail Sentence – Convictions for domestic violence offenses carry a minimum mandatory jail term and other penalties:
- 1st conviction carries 10-day mandatory jail
- 2nd conviction carries 15-day mandatory jail
- 3rd or subsequent conviction 20-day mandatory
- If the offense caused bodily harm and occurred in the presence of a child under age 16, the mandatory minimum jail sentence is 15 days for a first offense, 20 days for a second offense, and 30 days for a third or subsequent offense.
Longer sentences including prolonged state prison sentences can be imposed where the offense merits such a term under law.
Loss of Firearms Ownership – Under current federal law, any person who has a domestic violence restraining order restricting them, whether from a civil or a criminal case, may be prosecuted for if they have in their possession or control any firearm. The penalty prescribed by law if five years in federal prison. Note, however, that this loss of the right to own or possess a firearm is an issue before the U.S. Supreme Court because a Texas resident challenged the government’s right to deny him his Second Amendment right to keep and bear arms.
The lower courts rejected the man’s claim, but the US Court of Appeals for the Fifth Circuit reversed the lower court and agreed with the argument claiming that the law violated the Second Amendment. It is unclear how the US Supreme Court will rule and, until it does issue its decision, the law in Florida remains in effect, banning the possession of any firearm by a person subject to a domestic violence restraining order.
How a Skilled Tampa Criminal Defense Lawyer Can Help
If you’re facing charges related to battery and domestic violence in Tampa, a criminal defense lawyer can be your most valuable ally. Here’s how Stechschulte Nell, Attorneys at Law can help:
- Case Assessment – We evaluate the specific circumstances of your case to identify weaknesses in the prosecution’s arguments and any potential violations of your rights.
- Legal Strategy – We develop a strategic defense plan tailored to your situation, including challenging the evidence, investigating the facts, questioning witnesses, and seeking the dismissal of charges when possible.
- Negotiation – As experienced domestic violence defense lawyers, we negotiate with prosecutors to explore alternatives to traditional penalties, such as anger management or counseling programs, which can be less disruptive to your life and carry fewer negative collateral consequences.
- Protection of Your Legal Rights – Stechschulte Nell ensures your constitutional rights are protected throughout the legal process, including your right to remain silent and your right to a fair trial.
Read More > What is the Statute of Limitations for Domestic Violence?
Contact Our Attorneys
At Stechschulte Nell, Attorneys at Law in Tampa, we work tirelessly to protect your rights, challenge the prosecution’s case, and strive for the best possible outcome.
If you or someone you love has been accused of domestic violence, don’t hesitate to reach out to us at 813-280-1244 for a case review. We are on your side.
