Domestic Violence

Assault or Battery

Assault or Battery are two separate and distinct crimes.

Assault – is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent and is punishable up to 60 days in jail.

Aggravated Assault – involves an incident where an individual uses an object as a deadly weapon without intent to kill and is punishable up to 5 years in prison.

Battery – occurs when a person actually and intentionally touches or strikes another person against his or her will, or intentionally causes bodily harm to another person and is punishable up to 1 year in jail.

Felony Battery – is a battery that causes great bodily harm, permanent disability, or permanent disfigurement, and is a 3rd degree felony punishable up to 5 years in prison.

Aggravated Battery – is committed if:

1. A person intentionally or knowingly causes great bodily harm, permanent disability or permanent disfigurement. Or
2. Uses a deadly weapon. Or
3. The alleged victim of battery is pregnant and the offender knew or should have known of the pregnancy.

Aggravated Battery is a 2nd degree felony punishable up to 15 years in prison.

In the State of Florida the State Attorney does not have to abide by the alleged victim’s wishes to dismiss a case.  If the alleged victim does not want to prosecute the State may still try to proceed forward without a victim.

If an assault or battery is committed on the following classes of people the penalties are enhanced:

1. Law enforcement officers
2. Firefighters
3. Emergency Medical providers
4. An individual over the age of 65.
5. A pregnant woman.
6. Disabled person.

If a firearm is used in the commission of an assault or battery there may be mandatory minimum prison sentences.

Florida is a 10/20/Life State.

• If a firearm is used in the commission of a crime there is a 10 year minimum mandatory sentence.
• If a firearm is discharged in the commission of a crime there is a 20 year minimum mandatory sentence.
• If a firearm is discharged and great bodily harm was inflicted a 25 year minimum mandatory up to a possible life in prison sentence.

Domestic Violence Injunction

Petitioner – is the one who seeks an injunction against another.

Respondent – is the one that the injunction is against.

If a judge has granted a petitioner’s request for an injunction.  The injunction may be violated if:

1. An individual refuses to vacate the dwelling that the parties share.
2. Going to the petitioner’s residence, school, or place of employment.
3. Committing an act of repeat violence.
4. Threat by word or act to do violence to the petitioner.
5. Telephoning or contacting petitioner by any means (email, letters) either directly or indirectly by a third party.