Domestic Violence Is Not A Single Crime In Florida

A common misconception around domestic violence law in Florida is that one can be charged with domestic violence as its own offense. In reality, the way Florida law is structured means that a person who has (allegedly) committed a crime of domestic violence is charged with the underlying offense; the presence of domestic violence is a sentencing enhancement of sorts – that is, a person who commits an offense against a domestic partner will often receive a harsher sentence than one who commits an offense against a stranger.

Charged With The Underlying Offense

Florida’s domestic violence statute defines it as any criminal offense resulting in “physical injury or death” to the victim, who must have a particular relationship with the alleged perpetrator (spouse, ex-spouse, unmarried co-parent, person related by blood or marriage, or person who is or has been ‘residing together’ with the perpetrator as a family). The statute lists examples, such as assault, battery, kidnapping, and stalking, but any alleged crime where these criteria are met may qualify.

If a person commits an offense that meets these criteria, they are not charged with domestic violence, per se; rather, they are charged with that offense – but the potential penalties will be stiffer. For example, if a person is charged with attempted murder, this is a serious offense in itself – but if one spouse attempts to murder the other, what might have previously been a second or first-degree felony may be charged as a capital felony.

Avoid The Most Common Pitfalls

The most common domestic violence-related offense charged in Florida is battery, which is when a person “actually and intentionally” touches or strikes, or intentionally causes harm to, another person against that person’s will. Battery is usually charged as a first-degree misdemeanor, but domestic battery can rise to the level of a serious felony, both because of the presence of domestic violence and based on the method of battery – for example, battery with a firearm will usually be charged as a felony.

This seeming disparity can be confusing to a defendant, but the point remains that domestic violence crimes are taken extremely seriously, and that it is unlikely a defendant will avoid all jail time if they are convicted. As one might imagine, the best path to take through the legal process is to do everything possible to avoid conviction in the first place. The right legal representation can make all the difference.

Call A West Palm Beach Domestic Violence Attorney

Because the definition of domestic violence is so broad in Florida, a person who has been accused of a crime of domestic violence needs quality legal help, and they need it as quickly as possible. A West Palm Beach criminal defense attorney from the firm of Perlet & Shiner, P.A. can help protect your rights. Contact our office today at (561) 721-0552 to speak to an attorney.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/Sections/0741.28.html