Looking At Definitions: Assault, Battery And Domestic Violence
Domestic violence is a complex matter, and it varies significantly from state to state. If you have been accused of domestic violence or a related crime, it is important to understand how these charges work in Florida. At The Law Office of Corey I. Cohen & Associates in Orlando, we believe it is part of a lawyer’s job to educate clients about the law.
How Florida Defines Domestic Violence
In Florida, the definition of domestic violence is far-reaching. Not only does it include assault and battery, but also sex crimes, kidnapping, stalking and other similar criminal charges. When any of these crimes is committed by one family or household member against another, it is labeled as domestic violence. Crimes between individuals in a dating relationship or individuals who were formerly in a domestic relationship may also fall under the banner of domestic violence. Convictions for domestic violence come with increased penalties.
Understanding Assault And Battery In Florida
Chapter 784.011 of the Florida Statutes defines assault as “an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in other person that such violence is imminent.” Note there need be no actual physical act of violence committed for an act to be defined as assault, merely the threat to do violence.
Chapter 784.03 of the Florida Statutes defines battery as when an individual “actually and intentionally touches or strikes another person against the will of the other; or intentionally causes bodily harm to another person.”
Aggravated assault or aggravated battery may be charged if the acts of violence are particularly severe. These are both felony charges.
Domestic violence assault or domestic violence battery may be charged if the acts of violence were committed by one family or household member against another. When these charges are labeled as domestic violence, they come with longer terms of incarceration and probation, among other increased penalties upon conviction.
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