What Constitutes A Domestic Violence Charge?

According to the Law

In order for a domestic violence charge to be levied, the perpetrator of the domestic violence would have contravened a restraining order, stalked, committed aggravated stalking, assaulted, committed sexual battery or sexual assault, intimidated, committed aggravated assault, caused false imprisonment, committed battery, kidnapped, or committed any criminal act that caused injury or death to anyone who the law considers to be someone with whom they have or have had a domestic relationship.

Florida law defines individuals as having a domestic relationship if they live together, have lived together, are related by blood or marriage, are in or was in a dating relationship, have a child together, and sometimes extended family members.

If it can be established that an act of domestic violence falls in the category of aggravation; then a more serious felony charge will more than likely be pursued. As one can imagine, the penalties and sentences for domestic violence varies depending on the severity of the crime.

The minimum sentence is five days in jail. However, probation or community service might be considered as options. The following are a few of the classifications of domestic violence criminal charges:

•    Assault: Second degree misdemeanor
•    Aggravated assault: Third degree felony
•    Battery: First degree misdemeanor or third degree felony

Misdemeanors carry a sentence ranging from sixty days up to one year in jail. Second degree felonies carry a maximum sentence of fifteen years while third degree felonies have a maximum five year sentence.

Author: Amir Ladan
A former assistant state attorney for Orange/Osceola Counties, Amir has handled thousands of cases and dozens of trials, ranging from DUI and traffic offenses to murder, in both adult and juvenile court.

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