Introduction:
In this article we will go over the various types of domestic violence, how they are defined, and their potential penalties for the offender. However, each case can be different, the charges that are brought up may be different and the offender may face harsher or lesser penalties. If you have questions please call us so we can figure out how to best serve you in your unique circumstances.
Key takeaways:
- Domestic violence is abuse that comes from a family relation that resides in the same home as you.
- There are a variety of forms of domestic violence and assault crimes, and each has varying degrees of punishment.
- If you need an attorney or are thinking about getting one, it is better to call sooner rather than later.
What is Domestic Violence?
Domestic Violence is a pattern of abuse from one partner toward another while in a relationship. Per Florida Statute 741.28 domestic abuse is defined as “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.”
This could mean that the violence or abuse can come from spouses or former spouses, persons related by blood or marriage, persons who have in the past, or are currently living together or even someone who shares a child with the victim without having lived with them. There are mandatory punishments in Florida for all individuals convicted of domestic violence. This entails a minimum time in a county jail and an intervention program for the batterer.
Domestic Violence Types as Defined by the State of Florida
What is Assault in Florida?
Assault in Florida is defined as an intentional unlawful threat by word or act to do physical violence to someone. The person making the threat must have the capability to carry out the threat. They also have to do something that creates a well-founded fear that the violence threatened is imminent. What the general public thinks of when Assault is mentioned can be more accurately termed as Battery. Florida Statute 784.011
What is the penalty for Assault in Florida?
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
What is Aggravated Assault in Florida?
An aggravated assault is when an individual threatens to do physical violence to another person with a weapon. Again in the case of Aggravated Assault, no actual act of violence has occurred, just the threat of harm. Assault is upgraded to aggravated assault in Florida if any one of these criteria is met.
- The assailant causes serious physical injury to the victim.
- A deadly weapon is used to commit the assault without the intent to kill.
- It must be done with the intent to commit a felony.
What is the penalty for Aggravated Assault in Florida?
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.
What is Battery in Florida?
Battery is when an individual intentionally strikes or touches another person against their will or causes physical harm to them. This is separate from Assault because there was an actual act of violence committed as opposed to the intention to cause harm.
What is the Penalty for Battery in Florida?
Battery is a first degree misdemeanor. Potential punishments are explained in. Florida Statute 775.082 and Florida Statute 775.083 as linked above.
What is Aggravated Battery in Florida?
Aggravated battery is when an individual intentionally causes bodily harm using a weapon, or does not use a weapon but causes severe bodily harm. The difference being that Battery may not result in permanent damage to an individual or does not use a weapon. It also can be if an assailant attacks a pregnant woman. The specific points where a crime could be potentially termed as aggravated battery are listed below.
- When the assailant intentionally or knowingly causes great bodily harm, permanent disability or permanent disfigurement.
- If a deadly weapon is used.
- If the victim is pregnant at the time of the offense and the assailant knew or should have known about the pregnancy.
What is the penalty for Aggravated Battery in Florida?
Aggravated Battery is a second degree felony. Florida Statutes for Potential punishments can be found in Section 775
What is Sexual Assault in Florida?
Sexual assault is a broad term that can encompass a number of unwanted sexual acts. It can include acts like fondling, kissing, groping, and forcing a victim to perform sexual acts, in addition to rape/Sexual Battery
What is the penalty for Sexual Assault in Florida?
Sexual Assault is a second degree felony. Potential punishments can be found in Florida Statutes 775.
775.082, 775.083, or 775.084.
What is Sexual Battery in Florida?
Sexual battery is specifically defined in Florida as non-consensual oral, anal, or vaginal penetration by, or union with, the sexual organ of another or penetration with any other object. This is generally what we associate with the term “rape”.
What is the penalty for Sexual Battery in Florida?
The penalty for sexual battery in Florida can vary depending on the severity of the crime, starting as a third degree felony and in extreme cases a capital offense. This could mean the offender receives fines, jail sentences, or even a life sentence depending on the circumstances.
What is Stalking?
Stalking involves harassment of the victim through directed acts that cause substantial emotional distress to the victim with no other reasonable excuse for the actions.
Florida defines stalking as when someone willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person. There can be many elements to stalking, if you are worried about a stalker call the police or call us with more questions.
What is Kidnapping?
Kidnapping is when a victim has been forcibly confined, abducted, imprisoned without lawful authority and the assailant had intent to do one of the following:
- Hold for ransom or reward or as a shield or hostage.
- Have them commit or help commit any felony.
- If they inflict physical harm or terrorize either the victim or another person.
- Interfere with any governmental or political function.
What is the penalty for Kidnapping in Florida?
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.
What is False Imprisonment?
False imprisonment is the unlawful restraint of an individual without consent, but unlike kidnapping it lacks the intent to terrorize or even confine to a specific area. False imprisonment is similar to kidnapping except the offender in this case is not seeking a reward from the imprisonment or to terrorize the victim.
What is the penalty for False Imprisonment?
False Imprisonment is a third degree felony. Potential penalties can be found in Florida Statutes 775.
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.
Summary:
Domestic Violence can encompass a wide variety of offenses and crimes. If you feel you are a victim of Domestic Violence you are going to need a lawyer that can help you by being familiar with all the aspects of this complex matter. Please call Compton and Smith, PA at: 813-909-9254 so we can represent your voice and your needs in any of these situations.
For more information please see Florida Statutes.
