Domestic Violence Battery

According to the statute, a person can be convicted of domestic violence battery if they intentionally touch or strike a family member, household member, or domestic partner against their will.

Domestic violence battery is the same crime as simple misdemeanor battery with the additional element that the victim is a family or household member of the defendant.  This includes spouses, former spouses, individuals related by blood or marriage, individuals who are currently or were previously residing together as a family, or individuals who have a child in common, regardless of whether they were married or living together.

The key elements of Domestic Violence Battery in Florida are:

• Intent: The defendant must act intentionally.  This means that the defendant intended to make physical contact with the victim and knew or should have known that the contact was unauthorized.

  
  

• Touching or Striking: The defendant intentionally touched or struck the victim against their will. This can include actions such as hitting, slapping, pushing, or any other form of physical contact.  This can also include throwing an object that strikes another person.  Note that for misdemeanor battery, there is no requirement that the person be injured or that a deadly weapon is used.

  
  

• Lack of Consent: The prosecution must prove that the touching or striking occurred without the consent of the victim; or “against their will”. Consent means that the victim willingly agreed to the contact.  Consent is a common defense to battery, as explained below.

  
  

• Relationship: The victim must be a family or household member of the defendant. This can include spouses, former spouses, individuals related by blood or marriage, individuals who currently or previously resided together as a family, or individuals who have a child in common.

Penalties for Domestic Violence Battery

Domestic violence battery is classified as a first-degree misdemeanor in Florida, and if convicted, a person may face penalties such as fines, probation, or even jail. The maximum penalties for domestic violence battery are any combination of:

·       $1,000 fine

·       1 year in the county jail

·       1 year probation

Other Considerations

Domestic violence crimes are commonly and fiercely prosecuted in the State of Florida.  Most state attorney’s offices are reluctant to reduce or dismiss charges of domestic violence, even when a victim does not want to go forward with the proceedings.  This is due to the nature of the crime and the potential that an abuser may be directing the victim to act on their behalf. 

Other Consequences of Conviction

If convicted of domestic battery, a defendant will be required to take a 29-week batterer’s intervention course and is ineligible for sealing or expungement. 

Defenses to Domestic Violence Battery

• Self-Defense: If the defendant reasonably believed that they were in imminent danger of bodily harm or that force was necessary to defend themselves against such harm, they may have a valid self-defense claim.  However, the use of force must be proportional to the perceived threat.

• Defense of Others: Like self-defense, a person may use reasonable force to defend another individual who is in imminent danger of bodily harm.

• Consent: If the victim consented to the physical contact, it may serve as a defense to domestic battery. However, consent must be freely given and not obtained through coercion or fraud.  Because non-consensual contact is an element of the crime, consent is a defense.

• Insufficient Intent/Accident: If the physical contact was unintentional or the result of an accident, the defendant may argue that they did not have the requisite intent to commit battery.  Intent is determined by the circumstances of the event. 

Other Considerations in Domestic Battery Cases

A common question that attorneys get asked is how a victim can “drop charges” in a criminal case.  A victim in a criminal case is just a witness and has no power to bring forth charges.  The State of Florida is the only party that can bring criminal charges or dismiss them.  The State can proceed with battery charges even without a cooperative victim. 

There are ways that a victim can express their desires to have the charges dismissed.  This includes recorded statements provided to the State Attorney’s Office or drafting and filing a Declination of Prosecution. 

Often times, a situation involving domestic battery by strangulation arises as a result of some other underlying issue in the home.  Addressing the underlying issue is often a good first step in achieving a better result for a defendant.  This could include attending anger management courses, counseling, completing a drug and alcohol evaluation and recommended follow up treatment, or completing mental health counseling.  At the end of the day, the goal is to address the issue in an attempt to prevent the situation from reoccurring.  

If you or someone you know is facing a Domestic Battery charge, contact Howeller Law, P.L.L.C. today.  Consultations are always free.