Domestic violence is assault caused by a family member to another family member. It also applies on household members. According to Florida state laws, assault can be categorized in several ways. It can be aggravated assault, battery, stalking, false imprisonment, or sexual battery. If anyone of these is proven to have caused personal injury or death to another person (family member or household member), then there is sufficient grounds to start an assault case.
Penalties and Sentences
Of course, the nature and circumstances surrounding a case may be different from one case to another but the stipulated minimum penalty that involves domestic violence is serving five days in a county jail. Probation or doing community service can also be decided by the judge.
Charges can also be combined rather than one charge leading to others. For example, a domestic violence charge can lead to assault and battery charges. This is an avenue most prosecutors like to explore in court. The nature of the incident can also determine whether it was a domestic violence or battery. While domestic violence is, according to Florida State Laws, regarded as a second degree misdemeanor; battery is considered a third degree felony or first degree misdemeanor.
Suppose a restraining order, by the aggrieved party, was in play against the defendant, the prosecutor can opt to charge them with a first degree misdemeanor. It can attract a sentence of one year.
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