Are Domestic Violence and Domestic Battery the Same Thing?

Domestic violence is a serious crime. And because of this issue’s gravity, many try to conflate domestic violence and battery under one umbrella. While they tend to signify the same things, under Florida Law, clear differentiations have been made between the two. Our battery defense lawyer team in Tampa explains them with this article.

What is Domestic Violence under the Florida Law?

Florida Statute 741.28 defines domestic violence as any criminal offense that causes physical injury or death of a household member at the hands of another household member. That said, the domestic charges can vary from committing sex crimes to kidnapping and physical assault. A defense attorney in Tampa knows that domestic violence is an umbrella term given to:

  1. Domestic battery
  2. Aggravated battery 
  3. Assault
  4. Aggravated assault

Domestic Battery

Domestic battery, per Florida Law, is defined as intentionally striking or touching a family or household member with the intent to cause physical injury or death. To qualify as a domestic battery, the alleged must have the following relationship with the victim: 

  1. Current roommates or former roommates
  2. Blood-related family members
  3. Spouses
  4. Ex-Spouses
  5. Co-parents
  6. Stepparents and Stepchildren
  7. Individuals related by blood through a child
  8. Disabled adults or caregivers
  9. Elderly adults or caregivers

Domestic battery is a first-degree misdemeanor, and the convicted is penalized with up to one year in jail and a $1,000 fine.

Aggravated Battery

Aggravated battery is a version of domestic assault where the victim is hit or touched against their will using a deadly weapon that causes great bodily harm to the victim, ranging from permanent disfigurement, permanent disability, and permanent mental or physical scarring. It is one of the most serious domestic charges across America, carrying the punishment of 15 years of prison and a $10,000 fine. So, it is wise to have a battery defense lawyer in Tampa to help you to prepare for this case.

Assault

Assault and battery are not the same things. For one, physical contact need not be considered when it comes to assault, according to Florida Statute 784.011. Here are some critical points our team wants you to keep in mind.

  1. The threat of violence: Threatening a family member or a significant other is a second-degree felony according to Florida’s domestic violence laws. The punishment is 60 days in jail and a $500 fine.
  2. Intent to commit the act: To charge you with domestic assault, Florida state has only to prove that you intended to act upon your threats. You can prove otherwise, provided you have a federal defense attorney in Tampa by your side.

Aggravated Assault

Aggravated assault refers to threatening another person with a deadly weapon. Proven charges can lead to up to 5 years in prison and a $5,000 fine.

Contact The Rickman Law Firm to Get your Life Back

Domestic violence is an umbrella term covering domestic battery and assault. If you’re ever charged with domestic battery, you need to get all the facts right with the help of a defense lawyer in Tampa so that your case has a strong foundation. 

Contact our federal defense attorney in Tampa if you’re facing such changes. We will get to work and help you reclaim your dignity.

Contact The Rickman Law Firm today to begin talking about your case!

 

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

NEED A DEFENSE ATTORNEY?

Schedule Consultation

Case Results

NO CONVICTION FOR CLIENT CHARGED WITH AGGRAVATED ASSAULT WITH A DEADLY WEAPON, AGGRAVATED BATTERY WITH A DEADLY WEAPON AND SHOOTING IN OR AT A VEHICLE

The Client was charged with 2 counts of Aggravated Assault with a Deadly Weapon,2 counts of Aggravated Battery with a Deadly Weapon and 1 Count of Shooting at or into a Vehicle. Attorney Anthony Rickman
Show More

POSSESSION OF CANNABIS CHARGE NOLLE PROSSED/DUI REDUCED TO RECKLESS DRIVING

The Client was charged with Possession of Cannabis and Driving Under the Influence as well as a Traffic Infraction. Attorney Anthony Rickman succeeding in getting the State to Nolle Prosse the Possession of Cannabis charge
Show More

Possession of Marijuana Charge-Dismissed

The Defendant was stopped by law enforcement. After claiming to smell marijuana, the Defendant was handcuffed and searched. After marijuana was found the Defendant was charged with possession. The Defense was able to successfully get
Show More