Domestic Battery In Florida, What to Expect If You Are Arrested

In Florida, there is no such thing as one single crime called ‘domestic violence.’ Rather, a person will be charged with the underlying offense – for example, assault or kidnapping – and domestic violence factors will be used to raise or lower a sentence after a conviction. That said, there is one exceptional offense that does immediately take on a different character even before sentencing, and that is battery. Domestic battery is treated differently than standard battery in most court cases.

Standard vs Domestic

A standard battery is a non-consensual striking, touching or causing bodily harm to one person by another, though cases in the past have held that some incidents of battery do not even involve physical touch (one of the better known is blowing cigarette smoke in a person’s face). A domestic battery is doing the same thing to a person who is a “family or household member” of yours – for example, a spouse, ex-spouse, unmarried co-parent, or someone related to you by blood or marriage. Florida’s jurisprudence places a high value on the family and preserving it, so these offenses are taken seriously.

A first offense of battery and a first offense of domestic battery carry the same criminal penalties – they are generally prosecuted as misdemeanors, carrying up to 1 year in jail, plus fines and costs. However, domestic battery carries a mandatory minimum sentence as of this writing, while battery does not. The minimum is 10 days in jail, but nothing in the statute precludes a judge from adding time or other requirements to a sentence, as well as a requirement to attend a batterers’ intervention program.

Arrest Does Not Mean Conviction

When someone is accused of an offense that may fall under the umbrella of domestic violence, it can be easy to lose hope, to think that one mistake will ruin their life. There are many ways for you and your attorney to mount a sufficient defense that can undermine the state attorney’s case – not least of all, simply asserting that you acted in self-defense. If you and your alleged victim both have bruises or other visible marks, you may be able to argue that mutual combat occurred.

Sometimes, it may be possible to show that an alleged victim has malicious motives – for example, a spouse wanting full custody of the children may make false allegations of violence to try and argue that it would not be in the children’s best interest to have parenting time with the other parent. This may not result in an acquittal, but it can go a long way toward casting reasonable doubt on the state’s attorney’s case.

Call A West Palm Beach Domestic Violence Attorney

Domestic battery is a commonly prosecuted offense, but every case is different. If you have been charged with domestic battery in Florida, a West Palm Beach criminal defense attorney from Perlet & Shiner, P.A. can help protect your interests, and make sure that your voice is heard in court. Call our office today to speak to an attorney.