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Domestic Assault / Battery

Living with someone you love is not always the easiest thing to do. Arguments within the home can often get out of hand when tensions or disagreements arise. As a result instances of domestic violence can happen between even the most loving families. Accusations of domestic assault / battery can be very stressful and seriously impact your life. Hiring an experienced Florida criminal defense attorney can be your best option when facing such serious allegations.

Gainesville Domestic Assault Defense Lawyer

If you have been arrested for a domestic assault / battery offense contact the Galigani Law Firm. Gainesville domestic violence defense attorney Dean Galigani is experienced in representing individuals who have been charged with domestic assault / battery throughout Florida, including the areas in Alachua County, Marion County, Levy County and Columbia County. Contact the Galigani Law Firm for a free consultation today at (352) 375-0812.


Definition of Domestic Assault / Battery in Florida

Fla. Stat. § 741.28 defines domestic violence as any offense against a family or household member, including aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any offense resulting in physical injury or death of a family or household member.

The state of Florida defines a family or household member as:

  • A spouse or former spouse,
  • Persons related by blood or marriage,
  • Persons who are living or have lived together as family, and/or
  • Persons who have a child in common.

Gainesville Domestic Violence vs. Dating Violence

Domestic violence usually occurs between family or household members. This can include spouses, former spouses, blood related individuals, individuals who have a child in common, and individuals who live or have lived together.

Dating violence typically occurs between two individuals who have or have had a romantic relationship that has been established for six months or more. In the case of dating violence, the individuals usually do not have to reside together.


Florida Penalties of Domestic Assault / Battery

Most of Florida’s penalties for domestic assault / battery are listed in Fla. Stat. §§ 775.082 - .083. In addition to the following penalties associated with assault, aggravated assault, battery, aggravated battery, felony battery, domestic battery by strangulation, sexual assault and sexual battery, an individual convicted of a domestic violence offense, which caused bodily harm, can be sentenced to a minimum of five days in county jail.

  • For the offense of assault, an individual can be convicted of a misdemeanor of the second degree, which can be punishable by up to 60 days in jail, and/or a fine up to $500. Alternatively, the individual could receive probation for the alleged assault.
  • For the offense of aggravated assault, an individual can be convicted of a felony of the third degree, which is punishable by up to five years in prison and/or a fine up to $5,000.
  • A charge for battery can result in a misdemeanor of the first degree, which is punishable by up to one year in jail and/or a fine up to $1,000. The individual could receive probation for their battery offense instead of jail time and fines.
  • A charge of felony battery can result in a felony of the third degree conviction which is punishable by up to five years in prison and/or a fine up to $5,000.
  • If charged with domestic battery by strangulation, an individual can be convicted to a felony of the third degree which is punishable by up to five years in prison and/or a fine up to $5,000.
  • A conviction of aggravated battery can result in a felony of the second degree, which is punishable by up to 15 years in prison and/or a fine up to $10,000.

The penalties of a sexual battery conviction can vary depending on the circumstances of the offense such as, the age of the victim, if the victim was handicapped, or if a weapon or force was used during the commission of the offense. Sexual battery charges can result in any of the following, depending on the aforementioned factors:

  • A felony of the third degree, which is punishable by up to five years in prison and/or a fine up to $5,000.
  • A felony of the second degree, which is punishable by up to 15 years in prison and/or a fine up to $10,000.
  • A conviction for a felony of the first degree, which can result in a sentence of up to 30 years in prison and/or a fine up to $10,000.
  • A life felony, which can result in life in prison, and/or
  • A capital felony conviction, which generally can be punishable by death.

Batterer’s Intervention Program

If an individual is convicted of a domestic assault or battery offense, they can be ordered by the court to one year of probation which will require them to attend a certified batterer’s intervention program. This type of program focuses on the education of participants about the beliefs and behaviors that lead to domestic violence. It also encourages participants to use critical thinking skills to identify choices other than domestic violence.

The program, usually lasting a minimum of 29 weeks, typically requires an individual to:

  • Attend all weekly group sessions,
  • Attend weekly sessions drug and alcohol free,
  • Pay all fees and costs of the program, and/or
  • Successfully complete the program.

Galigani Law Firm | Florida Domestic Battery Defense Attorney

If you have been arrested for a domestic assault or battery offense in Gainesville, Alachua or Lake City contact the Galigani Law Firm today. Experienced Gainesville criminal defense lawyer, Dean Galigani, will focus on your best interests to help you avoid severe repercussions from a domestic assault or battery charge. For a free consultation about your alleged domestic violence offense, contact the Galigani Law Firm at (352) 375-0812 or send an online message.