Frequently Asked Questions About Domestic Battery in Florida

Domestic violence broadly refers to any criminal offense involving physical injury to a family or household member. In Florida, battery is perhaps the most common type of domestic violence crime charged. Here are some questions we often get about domestic battery and the potential consequences of a conviction for such a crime.

Who Is Considered a Family or Household Member?

As noted above, crimes of domestic violence involve a family or household member of the accused. Florida law includes the following persons and relationships in its definition of “family or household member”:

• spouses;
• former spouses;
• persons related by blood or marriage;
• persons currently living together “as if” a family;
• persons who previously lived together “as if” a family; or
• persons who are parents of a common child, regardless of the parents’ marital status.

With the exception of parents of a common child, the defendant and the alleged victim must currently be living, or previously lived together, in the same single dwelling unit, such as the same house or apartment.

What Is Considered “Domestic Battery”?

Battery is a crime that can occur in two ways. The first is where the defendant actually and intentionally touches (or strikes) the victim against their will. The second is where the defendant intentionally causes bodily harm to the victim. If the defendant and the victim are considered family or household members, as defined above, it is considered domestic violence-battery or domestic battery.

What Are the Penalties for Domestic Battery?

Florida classifies domestic battery as a first-degree misdemeanor. This means that if a person is tried and convicted of the crime, they face a maximum sentence of 1 year in jail (or probation) and a fine of up to $1,000. In addition, the court may impose the following additional penalties:

• requiring the defendant to complete a Batterer’s Intervention Program;
• community service;
• loss of the right to carry a concealed firearm; and
• imposing a domestic violence injunction or “no contact” order to protect the victim.

Can Domestic Battery Be Charged as a Felony?

While simple battery is a misdemeanor, there are other forms of battery that Florida classifies as felonies. For example, if the battery involves the use of a deadly weapon, it is considered “aggravated battery,” which is a second-degree felony. Similarly, if domestic battery involves choking or otherwise cutting off the victim’s air supply, it is considered “domestic battery by strangulation,” which is a third-degree felony.

How Can I Defend Against a Domestic Battery Charge in Florida?

Depending on the facts of a given case, there may be one or more possible defenses to a domestic battery charge. Some common defenses include the lack of corroborating evidence, the absence of any injuries to the victim, the defendant acted lawfully in self-defense of themselves or others, or the underlying physical contact occurred as the result of consensual confrontation or mutual combat.

A qualified Orlando domestic violence defense lawyer can review your case and provide you with advice tailored to your situation. Call the Joshi Law Firm, PA, today at 844-GO-JOSHI or contact us online to schedule a free initial consultation.