What You Need to Know When Facing Domestic Battery Charges
Florida definition of domestic violence is any assault or battery, aggravated assault or aggravated battery, stalking, aggravated stalking, sexual assault, sexual battery, kidnapping, false imprisonment or any other criminal offense that results in physical injury or death, committed by a household or family member against another household or family member.
“Family or household member” includes any of the following:
- current or former spouses
- any person related by blood or marriage
- people currently or formerly residing together in a family manner
- parents who have a child in common, regardless of whether they were married
(Fla. Stat. § 741.28)
There are minimal penalties which must be imposed on persons convicted of domestic battery in Jacksonville FL. A person convicted must serve at least one-year probation, during which they must attend a batterers’ intervention program, unless the court states, on record, a legitimate reason why the program would not be appropriate.
If the conviction is for a domestic violence charge that involves an intentional infliction of physical harm onto another, then he or she must serve at least five days in the county jail. An exception is made if the sentence carries with it a non-suspended period of incarceration in a state correctional facility.
(Fla. Stat. §§ 741.281, 741.283)
When the police arrive at the scene of a potential domestic battery situation, they must write up a report. The contents of this report are critical in setting the groundwork for further legal action. Any physical injuries observed by the officer are included in the report. Furthermore, they must attempt to determine who is the primary aggressor in the situation. Florida statutory law explicitly states a preference for arresting just the primary aggressor and not the person who may have acted in a reasonable manner in self-defense or in defense of another household or family member to prevent or minimize the harm inflicted by the primary aggressor.
(Fla. Stat. § 741.29).
Finnell, McGuinness, Nezami & Andux PA serves clients in Jacksonville, St. Augustine, Green Cove Springs, Ponte Vedra, Duval County, St. Johns County, Clay County, Nassau County, Flagler County and the entire Northeast Florida area.