In the state of Florida, domestic violence is taken very seriously by law enforcement officials. Domestic violence is considered a very dangerous crime and, depending on the circumstances, can result in a felony charge. If you were charged with domestic violence, contacting a Miami criminal attorney is in your best interest. A domestic violence attorney will represent your case, will protect your rights, and will work toward having your charges reduced.
What is Considered Domestic Violence in the State of Florida?
Florida statue 741.28 considers any of the following actions domestic violence:
- Assault and aggravated assault
- Battery and aggravated battery
- Sexual assault and battery
- Stalking and aggravated stalking
- False imprisonment
- A criminal offense that results in either physical injury or death
- The abuse and/or battery of a current or former spouse
- The abuse and/or battery of any person that is related by either blood or marriage, anyone who resides together as a family
While assault and battery are both considered domestic violence, in the state of Florida, they are charged separately. An assault is classified as a threat or attempt to harm someone coupled with the ability to do so. Aggravated assault is considered the same as assault, but it also involves the use of a weapon that is deemed deadly or the intent to commit a felony act. Battery is classified as any intentional touching or beating another person, or touching someone with the intent to cause physical harm. Any act that involves either intentionally or knowingly causing severe physical harm, a disability or permanent disfigurement is considered aggravated battery.
The term “domestic” refers to any of the aforementioned acts that occur between family members or individuals living in the same household, or who lived together in the same single family household. A charge of domestic violence is issued if any of the above mentioned acts are committed between:
- Spouses and those who were formally married
- Individuals who are relate by blood or marriage
- People who live together or who have lived together as a family unit
It should also be noted that any two people who are the parent of a common child, whether married or not, are considered members of the same family or household, even if they do not live in the same residence.
When is Legal Representation Needed?
If you have been brought up on any type of domestic violence charge in the state of Florida, it is in your best interest to contacting a criminal defense attorney in Miami as soon as possible. The sooner you seek legal counsel, the greater the chances of having your charges reduced or dropped, or even having your case dismissed, will be. An attorney may even be able to achieve an acquittal.
A criminal defense attorney will fully assess your case and represent you to the fullest extent of the law, working toward the best possible outcome for your domestic violence charges.