Domestic Violence Battery in Florida

DOMESTIC VIOLENCE BATTERY IN FLORIDA – An Insight by an Experienced Orlando Attorney

What are the Elements of Domestic Violence Battery in Florida?

Under Sections 784.03 and 741.28, Florida Statutes, the elements of Domestic Violence Battery in Florida are:

• A person intentionally touched or struck another person against that person’s will, or intentionally caused harm to that person; AND
• The other person was a spouse, former spouse, a person related by blood or marriage, a person who is or was residing with the offender as if a family, or a person who has a child in common with the offender.

What are the Penalties for Domestic Violence Battery in Florida?

Domestic Violence Battery is a first-degree misdemeanor in Florida, punishable by up to 1 year of jail or probation, and a $1,000 fine.

Because it is a crime of domestic violence, the court is also required to impose the following additional penalties:

• A minimum term of 1 year of probation
• Completion of a 29-week batterer’s intervention program
• A minimum of 10 days of jail if any person was bodily harmed

How Can I Fight a Charge of Domestic Violence Battery in Florida?

Self-Defense; Defense of Others or Property

Florida has very strong self-defense laws. Enacted in 2005, Florida’s “Stand Your Ground” laws entitle you to defend yourself, your property, and other people if you reasonably believe it is necessary to prevent imminent harm. Moreover, you cannot be prosecuted for threatening or using force if you complied with the Stand Your Ground laws.

These laws also eliminated the “duty of retreat.” Before, someone who was being assaulted was required to try to escape if possible before he or she could resort to self-defense; now, as long as you are in a place in which you have a right to be, you can use force to protect yourself without trying to escape first.

Lack of Intent

To prove a case of Domestic Violence Battery, the State must show that you had intentionally touched or caused harm to the victim. For example, if you only accidentally bump into someone and cause injury to that person, then you are not guilty of committing Domestic Violence Battery (although you could possibly face a civil case for personal injury depending on the circumstances).

Mutual Combat

Touching or striking someone is a battery only when it was done against that person’s will. Therefore, Florida law recognizes “mutual combat” as a defense to battery where both parties agree to fight and the defendant is not the primary aggressor. Since the “victim” has consented to fighting, nothing is done against the victim’s will and the defendant cannot be found guilty.

Other Potential Defenses

Here are just a few of the myriad other strategies we can use to challenge the State’s case or prove your innocence:

• Moving to throw out evidence that was obtained in violation of your constitutional rights
• Show that there is no evidence supporting the charge
• Show that you have an alibi

FAQs

1. What is the punishment for Domestic Violence Battery in Florida?

Domestic Violence Battery is a first-degree misdemeanor in Florida, punishable by up to 1 year of jail or probation, and a $1,000 fine. Additional penalties include a minimum term of 1 year of probation, completion of a 29-week batterer’s intervention program, and a minimum of 10 days of jail if any person was bodily harmed.

2. What constitutes Domestic Violence Battery?

Domestic Violence Battery involves intentionally touching or striking another person against that person’s will, or intentionally causing harm to that person, and the other person being a spouse, former spouse, person related by blood or marriage, person who is or was residing with the offender as if a family, or person who has a child in common with the offender.

3. Can I fight a charge of Domestic Violence Battery in Florida?

Yes, there are several defenses available to fight a charge of Domestic Violence Battery in Florida, including demonstrating that the alleged crime served a legitimate purpose or providing an alibi.

4. How can Leppard Law help me with a charge of Domestic Violence Battery?

Leppard Law can help by challenging the State’s case, proving your innocence, or moving to throw out evidence that was obtained in violation of your constitutional rights.

Contact Leppard Law today!

Whether you are a Central Florida resident, a military member, or a vacationer facing the stress of being arrested, we are here to help. Call Leppard Law: Florida DUI Lawyers & Criminal Defense Attorneys PLLC at 407-476-4111 and let us handle the situation for you. We’ve helped defend hundreds of clients accused of domestic violence – and you could be next. Contact us today!