Explaining Domestic Violence Battery In Florida

There are many different kinds of offenses that fall into the category of domestic violence in Florida, but by far the most common is battery. Domestic violence battery, as it is known, is usually charged more stringently than in a standard battery case, due to the relationship between the two people involved – and depending on the specific facts in your situation, the consequences of a conviction can be serious. If you have been charged with domestic violence battery in Florida, contacting a knowledgeable attorney is a crucial first step.

Is It A Battery?

The average person will often confuse the terms ‘assault’ and ‘battery,’ or lump them together into a single offense. In Florida, they are two separate crimes, and while one may go with the other, it does not always happen. Battery is specifically defined as the moment a person “actually and intentionally” touches another person, or causes them bodily harm, against their will. The wording of the statute is important – bodily harm is not required, but if it occurs, it does give a person grounds to sue for battery.

So, for example, if an individual is physically shoved aside to make room for another person trying to get by, they would – at least in theory – have a potential claim for battery even if they suffered no harm, if they can establish that the touch was (1) intentional and (2) unwanted. These criteria are the same in a situation where domestic violence is an issue; however, in addition to establishing a battery, an injured victim also must establish that the offense actually constituted a crime of domestic violence.

Is It Domestic Violence?

Florida’s domestic violence statute does not establish a singular offense of domestic violence; rather, it establishes any criminal offense “resulting in physical injury or death” to a person who shares a certain relationship with the perpetrator as falling under the domestic violence umbrella. If the alleged victim is a spouse, ex-spouse, unmarried co-parent, a family member “related by blood or marriage,” and people who were or are residing together with the perpetrator “as a family,” and they have suffered a battery, that incident will likely qualify as domestic battery.

The primary reason this matters is that domestic battery cases are more likely to result in stiffer sentences for those convicted than there would be if there was no domestic violence factor to the case. Most of the time, a domestic battery will be tried as a misdemeanor, but certain factors can raise it to a felony, such as the presence of a weapon. However, even if someone is convicted of a misdemeanor, other unique consequences will apply. For example, loss of certain civil liberties, such as the right to concealed-carry a firearm, a required batterer’s intervention course, and a potential domestic violence injunction barring your access to the alleged victim.

Contact A West Palm Beach Domestic Violence Attorney

If you have been charged with domestic battery in Florida, it may seem like an inconsequential charge given it is so often prosecuted as a misdemeanor – but even a misdemeanor on your record, particularly a highly-charged one involving domestic violence, can close doors for you in the future. A West Palm Beach criminal defense attorney from Perlet & Shiner, P.A. can help advise you on your best course of action. Call us today to speak to an attorney.