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Definition of "Domestic Violence Battery"
Domestic Violence Battery occurs when a person intentionally touches or strikes a familiy or household member, against their will. Being accused of Domestic Violence Battery is a very serious matter for which a person should seek immediate legal representation. There are very serious consequences that flow from a Domestic Battery conviction. Some of those consequences include:
Likely deportation if not a U.S. Citizen.
Permanent criminal record due to the inability to have the record expunged.
Revocation of concealed weapons permit.
Minimum mandatory sentence of five days in jail if injury was caused.
Minimum term of 1 year probation with attendance of a batterers intervention program as a condtion of probation.
Possible Penalties for Domestic Violence Battery
Domestic Violence Battery is a First Degree Misdemeanor. This means that if found guilty, a person accused of Domestic Violence Battery can receive up one year in jail and a $1000 fine. Keep in mind that this is the highest possible sentence that a judge could impose, and not the sentence that a judge must impose or, even necesarily the sentence that a judge would impose in any individual case.
Mandatory sentencing provisions
Domestic Violence Battery does carry some mandatory sentencing provisions. These mandatory provisions are as follows: (1) 1 year probation (2) a minimum of 5 days in jail (3) batterer's intervension program.
Batterer's Intervension Program
Section 741.281, Florida Statutes, says that "if a person is found guilty of, has adjudication withheld on, or pleads nolo contendere to a crime of domestic violence... that person shall be ordered by the court to a minimum term of 1 year’s probation and the court shall order that the defendant attend and complete a batterers’ intervention program as a condition of probation." The judge has discretion to not impose the batterer's intervension program if the judge determines that the program is "inapropriate" in an individual case.
The batterer's intervension program is 29 weeks long and includes 24 weekly sessions. See section 741.325, Florida Statutes.
Possible Penalties for Domestic Violence Battery
Domestic Violence Battery is a First Degree Misdemeanor. This means that if found guilty, a person accused of Domestic Violence Battery can receive up one year in jail and a $1000 fine. Keep in mind that this is the highest possible sentence that a judge could impose, and not the sentence that a judge must impose or, even necesarily the sentence that a judge would impose in any individual case.
Mandatory sentencing provisions
Domestic Violence Battery does carry some mandatory sentencing provisions. These mandatory provisions are as follows: (1) 1 year probation (2) a minimum of 5 days in jail (3) batterer's intervension program.
Batterer's Intervension Program
Section 741.281, Florida Statutes, says that "if a person is found guilty of, has adjudication withheld on, or pleads nolo contendere to a crime of domestic violence... that person shall be ordered by the court to a minimum term of 1 year’s probation and the court shall order that the defendant attend and complete a batterers’ intervention program as a condition of probation." The judge has discretion to not impose the batterer's intervension program if the judge determines that the program is "inapropriate" in an individual case.
The batterer's intervension program is 29 weeks long and includes 24 weekly sessions. See section 741.325, Florida Statutes.
Possible Defenses to Battery type Charges
As with any crime, a defense to Battery, Felony Battery, Domestic Battery by Strangulation, or Aggravated Battery can, if warranted, involve a denial of the allegations, or arguments that the allegations cannot be proven, along with other general pre-trial and trial defenses.
However, there are a few defenses that are specific to the charges of Battery, Felony Battery, Domestic Battery by Strangulation, and Aggravated Battery:
Self Defense (aka Justifiable Use of Force)**
Consent
Lack of Intent
Lack of knowledge of pregnancy (in the case of Domestic Battery by Strangulation).
**Self Defense - using or threatening non-deadly force. Under subsection 776.012(1), Florida Statutes "a person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other's imminent use of unlawful force." A person who uses or threatens force under the circumstances outlined under subsection 776.012(1) does not have a duty to retreat before using or threatening to use non-deadly force.
**Self Defense - using or threatening deadly force. Under subsection 776.012(2) "a person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony." A person who uses or threatens deadly force under the circumstances outlined under subsection 776.012(2) "does not have a duty to retreat before using or threatening to use such force."
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