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Everything You Need to Know About Domestic Violence Charges in Florida

| Jul 8, 2020 | Criminal Charges, Criminal Defense, Injuries, Miami Criminal Law Blog, Miami Probation Violation, Russell Spatz |

If you are convicted of domestic violence charges in the state of Florida, there can be a significant impact on your freedoms. A domestic violence charge in Florida will not only cause you to have a criminal record, but it can also result in jail time and possible probation. Each case is difference and the terms become harsher depending on the circumstance of the assault itself.

What is Domestic Violence According to Florida?

According to Florida Statute 741.28 domestic violence is “any assault, battery, sexual assault, or any criminal offense resulting in physical injury or death of one family or household member by another who is or was residing in the same single dwelling unit”.

Florida has a fairly strict policy against domestic violence, in fact, the act doesn’t necessarily have to be violent or have an injury to be considered domestic violence – an offense against a member of the household or against the will of someone in the household is enough.

Situations that are considered domestic violence in Florida include:

  • Physical assault or abuse – with or without visible injury (includes touching, hitting, slapping, punching, pushing, shoving, kicking, biting and/or beating)
  • Sexual abuse or unwanted sexual advances
  • Stalking
  • Threats of bodily harm

In the state of Florida a crime of domestic battery has been committed when someone actually and intentionally touches or strikes another person against their will or intentionally causes bodily harm to another person.

What are the Penalties for Domestic Violence in Florida?

At minimum a domestic violence battery charge is a first degree misdemeanor and is punishable to up to one year or jail and/or probation. Second and third degree or felony offenses can include prison time and often even fines or the mandatory attendance of programs such as an intervention program, anger management classes, community service, and if drugs are involved possible substance abuse counseling.

When faced with serious criminal charges, such as domestic violence, it is important to talk to an experienced criminal attorney immediately. The longer you wait, the more time police and prosecutors have to build a case against you. Russell Spatz can help protect you and your rights during this difficult time. Give him a call today at (305) 442-0200 to schedule your consultation.

References:

“Florida Domestic Violence Laws.” Findlaw, 20 Mar. 2018, statelaws.findlaw.com/florida-law/florida-domestic-violence-laws.html.

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