Can Domestic Violence Ever Be A Misdemeanor?

The average person tends to think of Florida domestic violence crimes as violent and dangerous, meriting felony charges. In reality, domestic violence can be anything from a misdemeanor to a capital felony, because there is no one crime called “domestic violence” in Florida. Rather, each offense is charged as written, and the ‘domestic violence’ angle usually only comes in at sentencing. If you have been charged with this type of crime, it is crucial to understand the actual nature of these charges.

“Family Or Household Member”

Florida’s domestic violence definition is both broad and very narrow in different respects. It states that any offense resulting in ‘physical injury or death’ to the victim qualifies, as long as the victim shares a particular relationship with the perpetrator (they must be a “family or household member,” which is further defined in the statute itself). If a crime of this type is committed against someone who does not fit within that group, it is still a crime, but may not qualify as domestic violence.

So, for example, if one spouse strikes another spouse, they have committed a battery (an intentional touching or striking). Domestic battery is usually tried in Florida as a first-degree misdemeanor, but it can be tried as a felony if other factors (such as possessing a weapon) are present. If the two people involved in the altercation are not related, the charge will be a general battery, and more likely to remain a misdemeanor instead of being moved up to a felony.

Factors Affecting Charges’ Severity

While crimes of domestic violence are taken seriously, there are certain factors that generally must be present in order for the offense to be tried as a felony. One of the most common things that will turn a misdemeanor into a felony is serious bodily injury to the victim, which may or may not have been inflicted with a weapon like a firearm. Both serious bodily injury and weapon use are factors that can raise the grade of an offense.

Another factor that will often get a charge turned into a felony is whether or not the defendant has a prior record of domestic violence crimes. A prior record, particularly a prior record of convictions, will inevitably result in a more serious charge simply because it is not the defendant’s first experience in the courtroom. Obviously, these anecdotal factors do not make a defendant guilty, but they can ensure that a defense attorney may have their work cut out for them if their client is innocent.

Call A West Palm Beach Domestic Violence Attorney

Being prosecuted for a crime of domestic violence can feel like a whirlwind experience; and without the right attorney, you may wind up facing much more severe consequences than you planned for. A West Palm Beach criminal defense attorney from Perlet & Shiner, P.A. can help answer your questions about the legal process, and ensure that your rights are protected. Call our office today to speak to an attorney.