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Domestic Battery / Domestic Violence

Darren D. Shull, P.A. > Domestic Battery / Domestic Violence

If you’ve been arrested for domestic battery in Palm Beach or Martin County, Fl, it is imperative that you start building your defense case as soon as possible. Submit a quick contact form with your basic information to schedule your free consultation. After contacting The Law Offices of Darren D. Shull, P.A., read the following information to familiarize yourself with the charges you may be facing.

 

 

Domestic Battery is a charge that falls under the umbrella of Domestic Violence. The definition of what constitutes Domestic violence is defined under the Florida State Statute 741.28:

 

 

Domestic violence designation occurs when the alleged perpetrator is a member or past member of a household:

 

 

  1. “Domestic violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.
  2. “Family or household member” means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a  hild in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.

Domestic battery is the most common type of Domestic violence charges. Domestic battery is virtually the same as simple battery a 1st degree misdemeanor, punishable by up to a year in jail or a year of probation or any combination of both as long as it does not exceed one year. Simple battery is defined as follows:

 

784.03 Battery; Felony Battery

domestic battery jupiter

(1)(a) The offense of battery occurs when a person:

 

1. Actually and intentionally touches or strikes another person against the will of the other; or
2. Intentionally causes bodily harm to another person.
(b)Except as provided in subsection (2), a person who commits battery commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

 

 

(2) A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, “conviction” means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.
Punishment for Domestic battery however carries specialized sanctions upon a finding of guilt such as extensive anger management courses, drug and alcohol testing and treatment, no contact orders with the alleged victim and increased penalties for subsequent domestic violence convictions. Pleading guilty to Domestic battery or any domestic violence charges in Florida also result in your revocation of concealed weapons permit, security guard license and State and Federal restrictions on purchasing firearms. Adjudications for domestic violence will literally ensure your inability to gain approval from the Florida Department of Law Enforcement for firearms purchases from licensed dealers far into the future.

 

 

Many jurisdictions such as Palm Beach County have separate domestic violence courts where all arrests, prosecutions, warrants and summons requests are handled by a separate court division. The judge, prosecutors and public defenders assigned to this specialized unit all handle only domestic violence cases.

 

 

The State Attorneys Office Domestic Violence Division has attorneys and staff assigned to specifically to review cases for prosecution, contact alleged victims, assist them in the court process and directs them to social services if necessary. What is extremely important to remember is that domestic violence cases whether they arise from a physical arrest or a summons or warrant request go through a review process by a prosecutor to see if the criminal domestic violence charges can be proven. Domestic violence cases are always reviewed by a prosecutor before they are prosecuted. An Assistant State Attorney reviewing a new domestic battery case will make a quasi-judicial decision when reviewing cases. The State Attorney’s office may drop the charges in a nolle prosse; the State may file the charges as the Police Officer arrested, they may down file the charges to lesser offenses or they may make the charges greater. Always remember an experienced criminal defense attorney can have input in this review process to get the best results for the client. That’s why you should hire an attorney who will commit to you that they will attempt to intervene during the case review process on domestic violence cases.

 

 

Those charged with domestic battery should seek the representation of a criminal defense lawyer in Jupiter, Juno Beach, Palm Beach Gardens that will fight for the rights of each and every defendant, no matter what the charge. Call The Law Offices of Darren D. Shull, P.A., at (561) 972-6444 to consult a highly experienced criminal attorney in Palm Beach County or the Treasure Coast.