Simple battery dating violence
Battery may also be charged as a misdemeanor of first degree or a felony of the third degree.
A sentence for misdemeanor ranges between sixty days to a year while somebody convicted of the third-degree felony may see an imprisonment going as far as five years.
A case of household brutality charged as a felony of second degree can result in imprisonment of up to 15 years.
: “Dating violence” battery is basically just a regular misdemeanor battery case, but between people in a romantic relationship.
The following factors help make the determination of whether you will be charged with Dating Violence rather than simple battery: 1. 2d DCA 1995) (sticks used to repeatedly strike victims found deadly weapons).
The court will fix a date for the hearing as early as possible, and if it decides that there is a danger of domestic violence, it can issue an order to the accused which is called a temporary injunction. Here are some of the safeguards that the injunctions provide against household brutality: Stopping the respondent (against whom the victim has sought protection) from committing violence.
Giving the petitioner the exclusive right to use and possession of the two sides’ shared place or preventing the respondent from entering the former’s house.
The crimes that are qualified as household brutality under Florida’s laws include assault and aggravated assault, battery and aggravated battery or sexual assault or battery, stalking, kidnapping, etc.
The offense charged as a domestic violence depends on the specific cases.
For more information, contact a domestic violence lawyer today.
Simple battery, or misdemeanor battery in Florida is defined under Florida Statutes § 784.03.
If the prosecutor can prove one of the aggravating factors as set by the state’s laws in a particular case, a charge of aggravated assault or aggravated battery can be brought in and under it, the offender will be charged with a felony, inviting severe punishment.