Settling a Domestic Violence Charge in Florida

Florida defines "domestic violence" as violence against one family or household member by another family or household member. "Family or household member" includes spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.

741.28(2)  Domestic violence

"Domestic violence" means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.

784.041(2)(a) Domestic battery by strangulation

A person commits domestic battery by strangulation if the person knowingly and intentionally, against the will of another, impedes the normal breathing or circulation of the blood of a family or household member or of a person with whom he or she is in a dating relationship, so as to create a risk of or cause great bodily harm by applying pressure on the throat or neck of the other person or by blocking the nose or mouth of the other person.

Penalties

741.283  Minimum term of imprisonment for domestic violence

A person convicted of domestic violence must serve a minimum of 5 days in the county jail as part of the sentence imposed, unless the court sentences the person to a non-suspended period of incarceration in a state correctional facility. The court has the discretion to sentence the convicted person to probation, community control, or an additional period of incarceration.

741.281  Court to order batterers' intervention program attendance

If a person is found guilty of, has had adjudication withheld on, or has pled nolo contendere to a crime of domestic violence, that person shall be ordered by the court to a minimum term of 1 year's probation and the court shall order that the defendant attend a batterers' intervention program as a condition of probation. The court must impose the condition of the batterers' intervention program for a defendant under this section, but the court, in its discretion, may determine not to impose the condition if it states on the record why a batterers' intervention program might be inappropriate. The court must impose the condition of the batterers' intervention program for a defendant placed on probation unless the court determines that the person does not qualify for the batterers' intervention program pursuant to s. 741.325.

Third degree felony

A person who commits domestic battery by strangulation commits a felony of the third degree which is punishable by up to five years imprisonment.

Talk to an Attorney

If you are charged with domestic violence in Florida, you face several possible penalties. You may have to serve several days in county jail, or alternatively, be ordered to one year's probation and participation in a batterers' intervention program. If you are convicted of domestic strangulation - a third degree felony - you may serve up to five years in prison. Find an attorney to ensure that your rights are protected in your case.