If you are facing domestic violence charges in Florida, the consequences for a conviction are serious. Whether you are charged with a misdemeanor or a felony, you can expect that the prosecution will work hard to make you pay for these crimes.
Florida domestic violence laws are strict, which means you’ll want a criminal defense attorney who can uphold your legal rights while fighting these charges.
What Does Florida Consider Domestic Violence?
In Florida, domestic violence is defined as either causing the intentional bodily harm of a person or unlawfully touching them. However, this person must be a household member or a member of your family for domestic violence charges to apply.
This could include spouses, ex-spouses, co-parents who are either married or unmarried, anyone living together as a family or previously lived together as a family, and those who are related by either blood ties or marriage.
You should fully understand the charges of domestic violence, as they are far more serious than simple battery. They also come with larger penalties if you are convicted.
Will I Be Charged with a Misdemeanor or Felony for Domestic Violence in Florida?
Whether you are charged with a misdemeanor or felony for domestic violence in Florida will depend on the factors in your case. Certain actions are considered domestic violence in this state, including assault, battery, sexual battery, stalking, false imprisonment, and kidnapping. Other criminal offenses may result in domestic violence charges, particularly anything that causes injury or death of a family member or member of your household.
Many variables exist here. However, for those who are facing their first criminal charge with no history of violent behavior and no use of deadly weapons, it would likely be a misdemeanor. Any assault without physical harm is also likely to be a misdemeanor. However, do not assume that a misdemeanor for domestic violence is not serious. If you are convicted, you will face harsh punishments for these crimes.
It will naturally be far worse if you face felony domestic violence charges. Felonies charges are often reserved for more serious acts or those with a prior criminal history. While you don’t want to face any domestic violence charge on your own, you should never try to represent yourself when you are being charged with a felony. You will face serious consequences ahead that could include jail time and fines, plus it can impact your job, finances, and relationships for the rest of your life.
What Are the Penalties I Could Face with Domestic Violence Charges in Florida?
The penalties you potentially face for domestic violence in this state can vary and will depend on the factors of your case. Usually, felony charges will have the most severe penalties.
For example, if you are convicted of a battery charge with domestic violence, you would face penalties of up to one year in jail along with a fine of up to $1,000. This would be a misdemeanor. However, if your charge is aggravated battery with the use of deadly weapons, it would be upgraded to a second-degree felony.
Naturally, the felony in this example would be a much more severe charge that could put you in prison for up to 15 years and with up to $10,000 in fines. Regardless of misdemeanor or felony charges, if you are found guilty, you may be given no-contact orders that forbid you from seeing your children or other loved ones. You may also lose the right to carry a firearm, and will likely be ordered to complete community service, probation, and attend a mandatory batterer’s intervention program.
The other thing you should know about domestic violence convictions is that they stay on your record forever. You can never get them expunged, so the best course of action is to avoid getting a conviction, which may be possible with the assistance of a criminal defense attorney. Don’t wait to retain legal counsel to help defend your constitutional rights.
