Florida Statute 741.28 defines domestic violence as “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.” Florida law does not limit this charge to spouses or romantic partners. Family or household members may also include parents, children, or other relatives.
Penalties for Domestic Violence Charges in Florida
Domestic violence offenses can be charged as a felony or misdemeanor depending on the severity of the act and the criminal history of the offender. The severity of the penalties depends on the type of offense committed. Florida imposes a minimum mandatory sentence of five days in jail for anyone convicted of domestic violence battery. More severe offenses may lead to longer sentences, including significant jail or prison time, fines, and probation.
Defending Against Domestic Violence Charges in Florida
Defending against domestic violence charges is a complex task. An experienced criminal attorney will scrutinize the evidence, including witness statements, photographs, medical records, and police reports, to identify weaknesses in the prosecution’s case. A common defense strategy is to challenge the credibility of the accuser, particularly if there is reason to believe that the allegations are fabricated or exaggerated. Your attorney may focus on your accuser’s motive for making the allegations. Sometimes domestic violence charges arise out of divorce or custody battles, and highlighting such motivations can weaken the prosecution’s case. In some situations, your attorney may be able to argue self-defense, especially if there is evidence to suggest that you were acting to protect yourself or another person from imminent harm. Inadequate police procedures during the arrest, such as the failure to read your Miranda rights, can also provide avenues for defense.
Domestic violence charges in Florida carry severe penalties and can have lasting consequences for life. If you’re facing such charges, it is imperative that you hire an experienced attorney to navigate the complexities of Florida’s domestic violence laws. At Mowrey Law Firm, our criminal defense attorneys have an in-depth understanding of the intricacies and nuances of domestic violence laws and will work diligently to achieve the best possible outcome for your case.