A misunderstanding, a heated argument that escalated, or false accusations may all result in Florida domestic battery charges.
If you face criminal charges, one of the first things you need to do is understand the charges against you. Not all domestic violence charges are the same. While there are different penalties for different crimes, a domestic violence conviction may affect your freedom, family relationships, employment, and future opportunities.
The experienced South Florida domestic violence defense lawyers at the Law Offices of Robert David Malove can help you understand the charges against you, the possible penalties you face, and the potential defenses that may help you through this challenging situation.
Types of Florida Domestic Battery Charges
According to Florida Statute 741.28, “Domestic violence means 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.” This could include one or more of the following charges:
Simple Domestic Battery
The most basic charge occurs when someone intentionally touches or strikes a family or household member against their will or causes bodily harm.
While this might sound straightforward, the definition of a "family or household member" is quite broad under Florida law, and includes:
- Current spouses
- Former spouses
- Relatives by blood or marriage who live in the same house or have done so in the past
- People who live together as a family or who have done so in the past
- People who share children together, regardless of their relationship status or living situation
Prosecutors must prove intent in domestic battery cases, which doesn't necessarily mean intent to harm. Even if you meant to merely touch someone during an argument, that intentional contact can result in charges if it was against their will.
This often leads to charges in situations where someone was trying to prevent another person from leaving during an argument or was pushing someone away during a heated discussion.
Law enforcement must make an arrest if they find probable cause for domestic violence, even if the alleged victim doesn't want to press charges. This policy often leads to people being arrested despite the other party's wishes to handle the matter privately.
Domestic Battery by Strangulation
Florida Statute 784.041 makes domestic battery by strangulation a third-degree felony in Florida. You can be charged with domestic battery by strangulation if the state has probable cause to believe that you intentionally cut off a family member's ability to breathe by gripping their throat or covering their airways. Any action that impedes breathing or blood circulation falls under this category, and prosecutors may pursue these cases aggressively due to their potentially lethal nature.
Medical evidence plays a crucial role in these cases. Prosecutors look for signs like bruising around the neck, broken blood vessels in the eyes, and voice changes. However, not all strangulation cases leave visible marks, making these cases particularly challenging to prosecute or defend.
Aggravated Domestic Battery
Aggravated domestic battery is a second-degree felony in Florida. You may be charged with aggravated domestic assault if the prosecution alleges that you:
- Intentionally caused someone great bodily harm. Great bodily harm includes permanent disability and permanent disfigurement.
- Used a potentially deadly weapon. Prosecutors consider any object used to cause harm a weapon, even everyday household items. This means something as ordinary as a kitchen utensil could lead to aggravated charges if used threateningly.
- Knew or should have known the other person was pregnant.
Repeat Domestic Battery
In Florida, a second or subsequent domestic battery may be charged as a felony if you were convicted or entered a guilty plea to a previous domestic battery charge.
Previous convictions from any state count toward this enhancement. Even if years have passed since the first incident, a new charge may be treated as a repeat offense.
The prosecutor doesn't need to prove the new incident was more serious than the first. The mere existence of a prior conviction elevates the new charge to a felony, which carries significantly harsher penalties and long-term consequences.
Florida Domestic Battery Penalties and Consequences
Not all domestic violence charges result in the same consequences. Your South Florida defense lawyer will explain the potential penalties you face, which may include:
Misdemeanor Penalties
Misdemeanor penalties vary depending on the strength of the prosecution’s case and your defense. Some possible penalties for a domestic battery misdemeanor in Florida include:
- Up to one year in jail
- Fines of up to $1,000
- Probation for up to one year, during which time you must maintain regular contact with a probation officer and follow strict conditions
- Completion of a Batter’s Intervention Program (BIP) that typically runs for approximately 26 weeks and includes group and individual counseling
Additionally, you may be required to undergo random drug testing, attend anger management classes, perform community service, and maintain steady employment.
Felony-Level Consequences
Felony domestic battery charges carry more significant penalties than domestic battery misdemeanors. If you are convicted of a felony, you could face a potential prison sentence of up to five years.
Additionally, fines may increase to $5,000, and your probation period may be extended.
Felony convictions may also significantly impact your life in other ways. For example, a felony conviction can have far-reaching consequences for employment, housing, and civil rights. For example, your right to own a firearm may be impacted, and your professional license may be suspended or revoked.
Building an Effective Defense After Florida Domestic Battery Charges
Attorney Robert Malove is Florida bar board certified as an expert/specialist in criminal trial law. His team will thoroughly evaluate your case and raise all possible defenses. Depending on the circumstances of your case, possible defenses may include:
Self-Defense
If you reasonably feared for your safety and had no safe way to retreat from the situation, you may have acted in self-defense. Evidence in a self-defense argument may include documenting prior threats, gathering witness statements about the alleged victim's aggressive behavior, or presenting evidence of defensive injuries.
The key to a successful self-defense claim is establishing that your actions were proportional to your threat. Your attorney will help gather evidence of prior incidents, threatening communications, or witness accounts that support your reasonable fear of harm.
False Accusations
False accusations often arise during emotionally charged situations like custody disputes or divorce proceedings. Defending against false claims requires a methodical investigation to expose inconsistencies in the accuser's story, and your version of events must be supported by evidence.
Your defense team will work to uncover motivations behind false allegations, such as revenge. Documentation of prior false allegations, witness statements, and evidence of the accuser's credibility issues can be crucial.
For example, we helped one client avoid a battery conviction in Lee County by listening to our client and reviewing his ex-girlfriend’s Uber records. His ex-girlfriend claimed that our client threw her against a wall and punched her in the face. Our client maintained that his ex-girlfriend was not at his house on the night of the alleged incident. We subpoenaed the ex-girlfriend’s Uber records, created a PowerPoint presentation for the state using the Uber records and Google Maps, and convinced prosecutors that the ex-girlfriend’s story could not be true. The charges against our client were dismissed.
How to Build a Strong Defense
Your defense starts with thorough evidence gathering. Your attorney will work to preserve surveillance footage, gather witness statements while memories are fresh, and document any injuries that support your version of events.
Digital evidence often plays a crucial role in modern domestic battery cases. Text messages, social media posts, and email communications can help establish context and reveal motivations. Your defense team will work to preserve and analyze all relevant electronic communications and make the appropriate arguments to prosecutors during plea bargain negotiations and in court.
Don’t Leave Your Domestic Violence Defense to Chance
The South Florida criminal defense attorneys at the Law Offices of Robert David Malove understand the nuances of domestic battery charges. We know these cases require immediate attention and strategic planning based on the specific allegations you're facing.
Our legal team conducts thorough investigations, challenges constitutional violations, and negotiates with prosecutors to protect your rights. We explore every available option for resolving your case favorably while working to minimize both immediate and long-term consequences.