Domestic Violence is a pattern of abuse from one partner toward another while in a relationship.  One of the qualifiers is whether or not the parties are living together regardless of whether they have been married.   The parties must be currently residing together unless they have a child in common.

Domestic Violence Types as Defined by the State of Florida

Domestic Violence AssaultAssault

Many people don’t realize that Assault is merely a threat, not the act of the violence.  An Assault is defined as an intentional unlawful threat by word or act to do physical violence to someone.  One of the qualifiers is the person making the threat has to have the apparent capability to carry out the said threat.  Further they have to do an act that creates a well-founded fear that the violence threatened is imminent.  Florida Statute 784.011

Penalty

Assault is a misdemeanor of the second degree in the state of Florida.  Potential punishments are detailed out at: Florida Statute 775.082 and Florida Statute 775.083

Aggravated Assault

Assault  is upgraded to aggravated assault in Florida if one of these criteria is met.

1.  The assailant causes serious physical injury to the victim.

2. A deadly weapon is used to commit the assault without the intent to kill.

3.  It must be done with the intent to commit a felony.

 

Penalty

Aggravated Assault is a felony of the third degree in Florida.  Potential punishments are detailed out in. Florida Statutes 775.082, 775.083, or 775.084.

Domestic Violence - Battery

Battery

1. Actually and intentionally striking or touching another person against their will.

or

2. Intentionally causing physical harm to someone.

Penalty

Battery is a first degree misdemeanor.  Potential punishments are explained in. Florida Statute 775.082 and Florida Statute 775.083

Aggravated Battery

Battery is upgraded to aggravated battery when the following criteria are met.

1. When the assailant intentionally or knowingly causes great bodily harm, permanent disability or permanent disfigurement.

2. If a deadly weapon is used.

3. If the victim is pregnant at the time of the offense and the assailant knew or should have known about the pregnancy.

Penalty

Aggravated Battery is a second degree felony.  Florida Statutes for Potential punishments can be found here: 775.082, 775.083, or 775.084.

Sexual Assault

Sexual assault is committed when the assailant knowingly engages in sexual intercourse or oral sexual contact with the victim without prior consent.

Penalty

Sexual Assault is a second degree felony.   Potential punishments can be found here: 775.082, 775.083, or 775.084.

 

 

Domestic Violence - StalkingStalking

There are many elements to stalking.  It involves harassment of the victim through directed acts that cause substantial emotional distress to the victim with no other reasonable excuse for the actions.  For a more in depth explanation of stalking please see the following article.

 Kidnapping

The victim has been kidnapped if they have been forcibly confined, abducted, imprisoned without lawful authority and the assailant had intent to do one of the following:

  1. Hold for ransom or reward or as a shield or hostage.
  2. Have them commit or help commit any felony.
  3. If they inflict physical harm or terrorize either the victim or another person.
  4. Interfere with any governmental or political function.

For more information please see the article here.

Penalty

Kidnapping is a felony of the first degree.  Punishable by imprisonment for a term of years not exceeding life.  Other potential punishments are detailed in. 775.082, 775.083, or 775.084.

 

False Imprisonment Domestic Violence - False Imprisonment-tall

Very similar to kidnapping but with lower requirements. False imprisonment doesn’t necessarily have to have the secondary aspects like kidnapping does.  For more information please see the following article.

Penalty

False Imprisonment is a third degree felony.  Potential penalties can be found in: 775.082, 775.083, or 775.084.

 

Criminal Offenses that result in the Death or Injury of a family or household member.

Any criminal offense that results in death or injury of a household or family member by another household or family member is classified as Domestic Violence.

If you feel you are a victim of Domestic Violence you are going to need a lawyer familiar with all the aspects of this complex matter.  Please feel free to call us at: 813-909-9254

 

For more information please see here.