Help from a Fort Lauderdale Domestic Battery Lawyer
A conviction for domestic battery can carry serious penalties in Florida. Battery charges can be filed whenever someone touches or strikes someone else when the contact is unwanted or when the person causes bodily injury to the alleged victim. Depending on the relationship between the person making contact and the alleged victim, the charge might be characterized as domestic battery. Domestic violence serves as a sentencing enhancer and can result in additional penalties. While many people associate crimes of domestic violence with female victims, either women or men can be charged with domestic battery. Recently, Fort Lauderdale domestic battery lawyer Kenneth Hassett represented a woman who was charged with domestic battery after she allegedly struck her baby’s father.
Female Client Charged with Domestic Battery
Recently, a woman who was arrested for domestic battery by the police retained attorney Kenneth Hassett. Because of his knowledge of the serious nature and collateral consequences of the penalties for this type of conviction, attorney Hassett immediately contacted the assigned prosecutor to begin negotiating on his client’s behalf. The woman was accused of battering the father of her baby.
Understanding Domestic Battery Charges in Florida
Under § 784.03, Fla. Stat. (2021), you can be charged with domestic battery when you intentionally touch or strike another person when the contact is unwanted or when you cause that person to suffer bodily harm. Since you can be charged for striking or touching someone against his or her will even without bodily injury, a physical injury is not required for this type of charge to be filed. In many cases, the police might be called to a scene by a neighbor or one of the involved parties and must then determine which person is the perpetrator.
Under § 741.28, Fla. Stat. (2021), battery may be charged as a crime of domestic violence when the defendant and the alleged victim share one of the following types of relationships:
- Spouse/former spouse
- Family members by blood or marriage
- People living together as if married or who have done so in the past
- People who share a child in common
Penalties for Domestic Battery
When a person is convicted of battery as a first offense, it is a first-degree misdemeanor carrying up to one year in jail and a fine of up to $1,000. While a first-offense domestic battery is still a first-degree misdemeanor, additional penalties apply since it is considered to be a crime of domestic violence. The penalties you might face for a conviction of domestic battery include the following:
- First-degree misdemeanor
- Up to 12 months in jail
- Fine of up to $1,000
- Battery intervention program for 26 weeks
- 12 months probation
- Minimum five days in jail when bodily injury occurred
- Community service
- Loss of right to possess or carry a gun
- No contact order
A second domestic battery conviction is a felony in Florida.
Positive Outcome of the Client’s Case
While the woman was arrested by the police for allegedly battering the father of her baby, attorney Kenneth Hassett was able to convince the prosecutor not to formally charge his client. This meant that the case was essentially dismissed by the state.
Talk to an Experienced Fort Lauderdale Criminal Defense Lawyer
If you are facing criminal charges involving allegations of domestic violence, you should talk to an experienced Fort Lauderdale domestic battery lawyer at Hassett & Associates, P.A. Call us today at (954) 791-3939 to request a consultation.