Domestic Assault / Battery
The tendency of police officers and other law enforcement on encountering a potential domestic assault or domestic battery situation is to assume the worst and protect the victim. This usually means erring on the side of safety and arresting the alleged offender, whether or not the potential domestic violence situation was due to a false allegation, exaggeration, mistake, or misunderstanding.
When you are arrested for domestic assault or battery, it is best not to try to explain to the police or prosecution what happened, as anything you say can be used against you in court. Rather, it is important to exercise your right to remain silent and your right to an experienced Palm Beach County domestic violence defense attorney.
West Palm Beach Domestic Assault and Battery Defense Lawyer
Since the safety of the alleged domestic assault or domestic battery victim is most likely the primary concern of law enforcement, the protection of your rights, freedom, and future as the alleged offender should be yours. If you have been arrested for allegedly committing domestic assault or battery anywhere in Palm Beach County, including West Palm Beach, Boca Raton, Boynton Beach, Delray Beach, Greenacres, Jupiter, Lake Worth, Palm Beach Gardens, Riviera Beach, Royal Palm Beach, and Wellington, contact Andrew D. Stine, P.A.. Andrew Stine is a skilled and knowledgeable West Palm Beach criminal defense attorney who is passionate about defending the rights and futures of clients like you.
With over 10 years of experience as a lawyer, including a stint as a public defender, and years of experience as an army medic before that, Andrew Stine has the knowledge of prosecution strategies and militant attention to detail it takes to fight the prosecution’s case of domestic assault or domestic battery against you in Palm Beach County. For more information on what Andrew D. Stine, P.A. can do for your domestic violence charges, call 561.880.4300 today and set up your free initial case consultation.
Definition of Domestic Assault and Battery in Florida
Florida law does not have separate charges for domestic assault and domestic battery. Instead, domestic assault and domestic battery are considered to be regular acts of assault and battery committed against a family or household member. A family or household member is defined by Fla. Stat. § 741.28(3) as any of the following:
- Spouses or former spouses
- Persons related by blood or marriage
- Roommates or other persons residing together as family
- Girlfriends or boyfriends
- Married parents of a child
- Unmarried parents of a child
- Any person who is residing or has resided in the same dwelling as the accused
Domestic assault, then is governed by the same statute as regular assault. Assault is defined by Fla. Stat. § 784.011 as an illegal and intentional threat through word or action to cause harm which, when paired with the ability of the assaulter to do so, causes reasonable fear of harm in the victim. It is considered aggravated domestic assault when the offender commits the assault with a deadly weapon. Aggravated domestic assault with a deadly weapon is a more punitive offense than simple domestic assault.
Domestic battery and regular battery are also governed by the same statute. Fla. Stat. § 784.03 defines battery as when a person actually and intentionally touches or strikes his or her victim against the victim’s will. It is also considered battery to intentionally cause bodily harm to another person. Domestic battery becomes felony domestic battery when the family or household member suffers serious bodily harm as a result of the battery.
Aggravated domestic battery in Florida is when a person intentionally or knowingly causes great bodily harm, disfigurement, or disability, uses a deadly weapon, or victimizes a woman he or she knows or should know is pregnant during the battery of a family or household member. All domestic assault and domestic battery charges come with serious penalties upon conviction. The services of an experienced and knowledgeable West Palm Beach domestic crime lawyer are strongly recommended to defend your rights and fight for a favorable outcome in your Palm Beach County domestic assault or battery case.
Penalties for Florida Domestic Assault or Battery in Palm Beach County
Generally, misdemeanor and felony domestic assault or battery charges are punishable by the presumptive sentencing provided in Fla. Stat. § 775.082-.084. Domestic assault is a second degree misdemeanor punishable by up to 60 days in jail and/or up to a $500 fine, while domestic battery is a first-degree misdemeanor punishable by up to a year in jail and/or a $1,000 fine. Aggravated domestic assault and felony domestic battery in Florida are third-degree felonies that carry a maximum penalty of five years in prison and a $5,000 fine.
Aggravated domestic battery is considered a felony of the second degree in Florida, which comes with a maximum punishment of 15 years in prison and a $10,000 fine. In addition to these presumptive penalties, all charges of domestic violence can prevent you from immediately being released from jail on bond, cause a 24-hour period of no contact with the alleged victim, and can be used against you in any family law proceedings like divorce or child custody.
A conviction for domestic assault or domestic battery is considered a conviction for a crime of violence in Florida, which will result in a lifetime firearm ownership ban and possibly deter potential employers or landlords. No act of domestic violence is eligible for record sealing, whether or not adjudication is withheld and completed.
It is important to note that the decision to pursue charges of domestic assault or battery or maximum penalties for conviction is the decision of the State Attorney’s office and not the alleged victim. An experienced West Palm Beach domestic violence defense lawyer can fight to defend against conviction in your Palm Beach County domestic assault or domestic battery case no matter the circumstances.
Andrew D. Stine, P.A. | Domestic Assault or Battery Defense Attorney in Palm Beach County
If you have been arrested and charged with domestic assault or domestic battery in West Palm Beach, Boca Raton, Boynton Beach, Delray Beach, Greenacres, Jupiter, Lake Park, Lantana, North Palm Beach, Pahokee, Palm Beach, Palm Springs, Tequesta or anywhere else in Palm Beach County, take the first step in building your defense strategy and call Andrew D. Stine, P.A.. When considering an attorney, it is best to contact him as soon as possible after your arrest.
Experienced Palm Beach County domestic crime defense lawyer Andrew Stine has 10 years of experience in criminal defense and is passionate about serving clients like you. Your first consultation with Andrew D. Stine, P.A. is free, so call 561.880.4300 today and schedule yours.