If a domestic occurrence happens between family members, household members or two people who are in a dating relationship, it could result in domestic battery charges. In many cases, the “aggressor” in a domestic violence event wasn’t at all the instigator. The “victim” may have abused them to the point they snap which could cause a domestic occurrence.
To law enforcement this doesn’t matter in the slightest. If you are seen as the instigator in this debacle, you will be arrested and possibly charged with domestic battery. The penalties for domestic battery are nothing to take lightly either. You could be sentenced to pay steep fines and even spend time in jail or prison. If you or someone you know has been charged with domestic battery, then it’s crucial you secure legal representation as quick as possible.
Domestic Battery Attorney in St. Lucie County, FL
A domestic violence conviction could potentially uproot your life. It could affect future opportunities with employers, banks and loan companies as well as educational institutions. You could have issues obtaining employment, loans, housing or being admitted into your university of choice. That is why we urge you to obtain legal representation immediately.
Fight back and call Meltzer & Bell. We have the skills needed to fight your charges, no matter how serious. Meltzer & Bell practices throughout the greater St. Lucie County and Martin County area including Fort Pierce, Port St. Lucie, Saint Lucie, Palm City, Jensen Beach and Stuart.
Overview of Domestic Battery in FL
- What Does Florida Consider to be Domestic Battery?
- How Much Time Can You Get for Domestic Battery in FL?
- How Much Time Can You Get for Aggravated Domestic Battery in FL?
- Additional Resources
What Does Florida Consider to be Domestic Battery?
In Florida, battery is when a person has intentionally and knowingly struck another person against their will and consciously cause bodily harm. Domestic battery is when the individuals involved in the offense are members of the same family or household. It can also include two people who are involved in a continuous dating relationship for at least 6 months.
Some examples of people who could be involved in a domestic battery offense include:
- People related by marriage or blood;
- Former or present spouses;
- Those who have children in common;
- People who reside together as a family in the same household; or
- Individuals who previously or do reside together as a household
How Much Time Can You Get for Domestic Battery in FL?
What determines the penalties for domestic battery is your criminal history and whether there were aggravating factors that were present during the commission of the crime. Without aggravating factors, domestic battery is a first-degree felony that is punishable by:
- Up to 12 months in jail; and
- A fine of up to $1,000
If you have a prior conviction for a type of battery related crime, then your offense will be reclassified to a third-degree felony. The maximum penalties for a third-degree felony include:
- Up to 5 years in prison; and
- A fine of up to $5,000
You must know that if you are convicted of domestic battery after you have already been adjudicated guilty for a prior domestic battery offense, then there will be a mandatory minimum jail term of 10 days you must serve, a second offense is 15 days and a third domestic battery conviction will result in 20 days.
How Much Time Can You Get for Aggravated Domestic Battery in Florida?
When an act of severity of culpability occurs within a criminal offense it could be considered an aggravating factor. In Florida, you can be accused of aggravated domestic battery if it’s proven the defendant did one of the following actions during the commission of the crime:
- Intentionally or knowingly cause great bodily harm, permanent disability or any kind of permanent disfigurement; or
- Used a deadly weapon during the crime
A conviction for aggravated domestic battery is a second-degree felony, which can lead to:
- Up to 15 years in prison; and
- A fine of up to $10,000
National Domestic Violence Hotline – Visit the official website for the National Domestic Violence Hotline, which is a part of the Rape, Abuse and Incest National Network (RAINN) to learn more about how they assist sexual abuse survivors. The Hotline is part of the largest nationwide network of program and expert resources equipped to assist domestic violence survivors at any age and those struggling with ongoing abuse.
Domestic Violence Information | Broward Clerk – Visit the official website for the Broward County clerk to learn more about their services regarding domestic violence or dating violence cases in the Broward County court. Access the site to learn ways to stay safe from your abuser, restraining order information and how to file one, victim parking at court dates and answers to your frequently asked questions.
Port St. Lucie Lawyer for Domestic Battery in Florida
Have you been accused of domestic battery? If so, we highly encourage you to secure legal counsel that has extensive experience with domestic violence cases. Since a lot of domestic cases involve he-said, she-said eye-witness testimony it can be difficult to defend. That is why we advise you to call the skilled domestic violence attorneys at Meltzer & Bell.
Meltzer & Bell aggressively defends clients throughout the greater Martin County and St. Lucie County area. We will assist you at any time and are available 24/7, seven days a week. Call us now at (772) 291-2534 to schedule your first consultation free.