If you have been charged with domestic battery then you may have a defense. Presenting a self-defense argument and proving the accuser made false allegations are both ways to defend a domestic battery case. Attorney Williams can also represent you in a Stand your Ground hearing where you can fight for immunity under Florida Statute 776.013. Even if you don’t think you have a defense, you should always speak to an attorney to make sure you have a full understanding of how the law applies specifically to your case. If you want to know more about how to beat your domestic battery case in Florida, contact Matthew Williams now for a free consultation.
In Florida, domestic battery is defined under Florida Statute 741.28. A person commits a domestic battery when they either intentionally touch or strike a family member, household member, or domestic partner against their will, or when they intentionally cause bodily harm to a family member, household member or domestic partner (the alleged victim does not have to have any injuries for the state to prove domestic battery occurred).
Domestic battery is a first-degree misdemeanor, meaning it is punishable by up to one year in jail, or up to one year of probation and up to $1,000 in fines (you can also get a jail sentence followed by probation, but the total length of the punishment cannot exceed one year). In addition to facing jail time, if you are adjudicated guilty of domestic battery then you will lose constitutional rights and you’ll have to deal with many other collateral consequences.
*It’s important to note that Battery is an enhanceable offense, meaning if you are convicted of battery more than once, then your misdemeanor battery charge can be enhanced to a third-degree felony.
Domestic battery convictions carry mandatory punishments that must be imposed unless the State Attorney agrees to waive them as part of a plea deal. Under Florida law, domestic battery convictions have the following mandatory penalties:
- minimum mandatory five days in jail if the alleged victim suffered an injury;
- completion of a 29-week Batterers Intervention Program; and
- revocation of any concealed weapons permit
Criminal convictions, especially convictions for domestic battery, carry severe consequences and can never be removed from your criminal record. If you are convicted of a felony you will lose your right to vote, your right to own firearms, and your ability to maintain certain business licenses. You can also lose your ability to receive financial aid, your ability to live in certain places and your ability to obtain a passport.
If you need an attorney who will advise you, fight for you and keep you from getting caught in the system, or if someone you know has been charged with domestic battery in Florida, then contact Matthew Williams now for a free consultation.