West Palm Beach Domestic Violence Attorneys

Several common charges associated with domestic violence include:

• Domestic violence battery: Under Florida Statute 741.28, domestic violence battery is defined as touching or striking a family member, household member or domestic partner against their will. It’s important to note the law covers not only household members, but family members who have previously resided together, and parents of a child regardless of whether they have ever been married or even lived together. Domestic violence means any assault, battery, sexual violence, stalking , kidnapping, false imprisonment or any other criminal offense resulting in physical injury. Domestic violence battery is a first degree misdemeanor punishable by up to one year in jail, a year of probation and a $1,000 fine.
• Domestic violence by strangulation: Florida Statute 784.041(2) makes it a third-degree felony, punishable by up to 5 years in prison, 5 years of probation and a $5,000 fine, to impede the breathing or blood circulation of a family member, either by applying pressure to the throat or neck, or even by putting a hand over the nose or mouth.
• Aggravated assault: Under Florida Statute 784.021, requires only a threat, without actual violence, when a deadly weapon is involved or while in the commission of another felony, which creates a reasonable fear of imminent violence or harm. It is a third degree felony carrying a penalty of up to 5 years in prison, 5 years of probation and a $5,000 fine.

Aggravated battery: Under Florida Statute 784.045(1)(a) the crime is defined as intentional battery with a deadly weapon causing great bodily harm. It can also be charged when a simple battery occurs against a pregnant person. It is a second degree felony punishable by up to 15 years in prison, 15 years of probation and a $10,000 fine. It is the most serious charge, short of murder, commonly associated with domestic violence arrests.