If you get into a violent altercation with another person and the police are called, you could be charged with one of several kinds of assault, even if there is no evidence to support the accusation. One of the more serious charges is domestic violence assault and battery. We explain how domestic assault differs from simple assault and why you need an experienced defense attorney if you are arrested.
Understanding the Charges in Miami
The grounds for assault or battery are the same, whether domestic violence is involved or not. However, when an assault is charged as domestic violence, you will face more serious penalties. In Florida, these charges apply as follows:
The least serious charge, assault is the threat to do violence to another person, coupled with an apparent ability to do so while creating a well-founded fear in the other person that such violence is imminent. There does not need to be a physical act of violence to be charged with assault. If another person feels threatened by something you said or did, that could be enough for an assault charge.
If you intentionally cause physical harm to another person, or touch or strike another person against their will, you could be charged with battery. Potential penalties will depend on the extent of the victim’s injuries.
Aggravated Assault or Battery
If the acts of violence are particularly severe and the injuries suffered by the victim are serious, you could be charged with aggravated assault or battery, which are felonies.
When any of the above acts are committed against a member of your household, a person you are dating, or a person you were formally in a domestic relationship with, the charges can be elevated to domestic violence. Other criminal acts, such as sexual assault, stalking, or kidnapping can also be charged as domestic violence. Domestic violence charges carry more serious consequences, such as longer jail times, longer terms of probation, and heavier fines.
Have You Been Accused Of Domestic Violence In Florida?
You and your partner may not be at a good point in your relationship right now, but if your partner takes that a step further by accusing you of domestic violence, you need to fight back to protect your freedom. If you are frustrated about a domestic violence charge that is disrupting your life you need to speak with an experienced domestic violence defense attorney as soon as possible. Contact me online or call my Miami office directly at 305.707.7345.
I also recommend that you download a free copy of our special report "He Said, She Said: Three Mistakes That Can Destroy Your Domestic Violence Case In Florida". The sooner we talk, the sooner we will be able to help you fight the charges that could change your life forever.