Domestic Assault / Battery

Domestic Assault and Battery is a serious charge in Florida. The distinguishing characteristic of domestic assault and battery is that it is committed in the context of a family or intimate relationship. It is important to get legal advice if you are accused of domestic assault or domestic battery in Pinellas County and the surrounding areas such as Clearwater and the Tampa Bay areas because domestic violence charges are heavily prosecuted in these areas. Domestic assault and battery can also be upgraded to aggravated assault and battery if the injuries are particularly severe. The best thing to do is to talk to a Pinellas County criminal defense lawyer if you have any domestic assault and battery charges pending against you.

St. Petersburg Domestic Assault Defense Attorney

If you have been accused of domestic assault or domestic battery, then you need to contact a knowledgeable defense attorney right away. You may incur large fines and jail if you are convicted of a domestic assault or a domestic battery offense. At the Morris Law Firm, Melinda Morris is experienced at defending clients you have been accused of domestic assault and domestic battery. Contact the Morris Law Firm at (727) 388-4736 for a consultation about your case.

Differences between domestic assault and assault

Under Section 784.011 in the Florida Criminal Code, an assault is defined as someone intentionally placing another individual in fear of imminent violent contact. To commit an assault, a person does not have to actually touch or hurt the individual. The only thing that is required for an assault is that your actions put someone in fear of immediate bodily harm.

In the domestic violence context, an assault is classified as domestic when the assault occurs between family members related by blood or people involved in a romantic relationship. Note that domestic assault charges can be brought against people who are no longer in a relationship.

Domestic assault charges can have far reaching consequences if you have children or you have a pending civil family law case pending in court. In addition to the criminal penalties, you might be required to take anger management classes, do community service and protective orders and other injunctions may be put in place to keep you from contacting your significant other and your children.

Differences between domestic battery and battery

Under Florida Criminal Code § 784.03, an individual commits a battery if he or she intentionally strikes or touches another person against that person’s will or intentionally causes bodily harm to another person.

Similar to a domestic assault, a domestic battery occurs between two individuals that either have a family bond or are connected by some sort of romantic or intimate relationship.

It is important to note that if there are multiple battery offenses, the criminal penalties greatly increase. The first battery offense is a misdemeanor offense punishable by a fine and up to a year in jail. Additional battery offenses are considered third degree felonies which are punishable by more jail time and higher fines.

Also in the context of civil family law cases, a battery offense gives the civil court a stronger reason to implement injunctions and no contact orders. You may be required to take anger management classes and you might get reduced visitation and custody rights if you are in the middle of a child custody dispute.

How we can help

Domestic violence allegations are sometimes greatly exaggerated. Once a report is filed, it is necessary to vigorously defend yourself against the allegations. Most times people plead guilty or take a plea bargain in order to get the case finalized. However, a conviction for assault or battery can have serious consequences in other areas of your life. First of all, you will have either a misdemeanor or a felony conviction on your criminal record. For employment and education purposes, any kind of criminal conviction can disqualify you for many opportunities. Also in the context of any future civil matters, a criminal conviction can be brought in to show that you have a bad character.

It is best to contact an experienced Pinellas attorney right away if you have been charged with either domestic assault or domestic battery. Only an attorney can help resolve the matter in a way that mitigates the damage to your criminal record and your reputation.

Morris Law Firm | St. Petersburg Domestic Battery Defense Attorney

The Morris Law Firm is committed to representing persons who are faced with domestic assault and domestic battery charges. If you are accused of domestic assault or battery in Pinellas County or St. Petersburg, contact the Morris Law Firm. Melinda Morris is an experienced Florida domestic violence attorney who can help you with your case. Our goal is to protect your constitutional rights and defend your case to obtain the lowest possible punishments.