What Makes the Violence Domestic?
Florida Statutes § 741.28 defines domestic violence as any assault, battery, aggravated assault or battery, kidnapping, false imprisonment or other criminal offense committed by a household or family member that results in the injury or death to another household or family member.
According to this Florida law, the definition of a household member can include a spouse, former spouse, person related by blood or marriage, people who had a child together or a person who resides with another as a family member or has resided in the past.
The alleged offender and the accused must currently or previously have resided together in the same single dwelling unit to be considered a family or household member under Florida law. However, parents who have a child in common do not have to live in the same home.
Common Types of Domestic Violence Charges
Although domestic violence is a very broad term, and can be construed as such, the following are the types of cases Mr. Dunn typically handles under Domestic Violence charges:
- Domestic Battery by Strangulation
- Domestic Violence Injunction violations
- Aggravated Assault
- Aggravated Battery
Penalties for Domestic Violence Crimes
Penalties can vary widely depending on who the victim was, the offense, was a weapon used during the offense, the age of the victim, and whether the alleged offender has a previous criminal history. Domestic Violence penalties can be charged as misdemeanors or felonies, depending on the facts of the case.
- Second-degree misdemeanors can lead to 60 days in jail, fines up to $500 or both.
- First-degree misdemeanors can include up to one year in jail, fines up to $1,000 or both.
- Third-degree felonies can include prison time up to five years, fines up to $5,000 or both.
- Second-degree felonies can lead to prison time up to 15 years, fines up to $10,000 or both.
Resources for Domestic Violence Victims
SPARCC (SAFE PLANCE AND CRISIS CENTER)
VENICE OUTREACH OFFICE
ARCADIA OUTREACH OFFICE
BEHAVIOR MANAGEMENT SERVICES
Providing Counseling Services for Anger Management and Domestic Violence Intervention
405 B Interstate Blvd, Sarasota, Fl 34240
FLORIDA COALITION AGAINST DOMESTIC VIOLENCE
FCADV desires to create a violence-free world and provides leadership, education, training, technical assistance, advocacy and support to domestic violence center programs.
If you are charged with a domestic violence charge in the Sarasota, Manatee, Venice or DeSoto counties, contact The DUNN Law Firm at 941-866-4352 for a free consultation to discuss the facts of your case. Mr. Dunn can help you determine possible defenses to your charge and fight to achieve the best outcome in your case.