Misdemeanor vs. Felony Domestic Violence Offenses
In Florida, the term ‘domestic violence’ is a category of crimes and not an actual offense. These cases often involve very high emotions and can spin out of control quickly if not handled properly from the beginning. In order for any criminal case to be classified as domestic violence, the victim must be a member of the same family or household as the offender or have been previously romantically involved with the offender. This means the victim must be a spouse, someone related by blood or marriage, the parent of a child, a boyfriend or girlfriend, or a person who lives or has lived with the offender regardless of romantic involvement.
Offenses classified as domestic violence are considered enhanced charges and can be classified as either misdemeanors or felonies. Regardless of the charge, a conviction will have serious consequences. Below, one of our Fort Lauderdale domestic violence defense lawyers explains more.
Misdemeanor Domestic Violence Charges
There are many different types of offenses that are classified as misdemeanors in Florida. These include:
- Assault: Assault occurs when someone intentionally and illegally threatens by action or word to commit violence against someone else. The victim must have reasonable fear of danger and believe the offender has the ability to carry out the threat.
- Battery: Battery involves intentionally touching or striking another person against their will.
- Stalking: A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking. Engagaging in this type of conduct through text, email, social media, or other electronic means constitutes Cyberstalking.
- Violating a domestic violence injunction: Violating the terms of a previously entered civil domestic violence injunction can constitute a criminal offense.
Simply because the above are classified as misdemeanor charges does not mean they are not serious.
Felony Domestic Violence Charges
Felony domestic violence charges are much more serious than misdemeanors. Some of the most common are as follows:
- Aggravated assault: This offense involves assaulting someone with a deadly weapon or with the intent to commit a felony.
- Aggravated battery: Battery is upgraded to aggravated battery when they intentionally cause great bodily harm, permanent disfigurement, or permanent disability. If the victim was pregnant at the time of battery and the offender was aware of that fact, the charge may also be elevated to aggravated battery.
- False imprisonment: Imprisoning someone by threat, force, or secretly confining or abducting someone against their will is considered false imprisonment.
Our Domestic Violence Defense Lawyers in Fort Lauderdale Can Defend Against Your Charges
When you are trying to navigate domestic violence charges, it is important to understand the law surrounding these offenses, as well as your rights. At Haber Blank, our Fort Lauderdale domestic violence defense lawyers can guide you through the legal system, provide the confidence you need during this difficult time, and ensure your rights are upheld. Call us today at 954-767-0300 or fill out our online form to schedule a consultation and to get the legal help you need.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/Sections/0741.28.html
