Domestic Assault / Battery
When it comes to allegations of domestic violence, the main objective of the police officer or other law enforcement officer who arrives at the scene, as well as any other court officials, is to protect the alleged victim from any actual or further acts of domestic violence. This means that no matter if the alleged assault or battery reported to the police was the result of an exaggeration or a simple misunderstanding, the alleged offender is likely going to be arrested and taken to jail.
An experienced Brooksville domestic violence defense attorney can ensure your rights are protected from the beginning and fight the charges arising from your Hernando County domestic assault or battery offense. When considering an attorney as a part of your defense strategy, it is best to exercise your right to an attorney and contact him as soon as possible after your arrest.
Brooksville Domestic Assault and Battery Defense Lawyer
With domestic violence charges, it is in the best interest of police officers, other law enforcement, and court officials to err on the side of protecting the victim. If you have been arrested for domestic assault or battery in Hernando, Citrus, or Sumter County or the surrounding areas, including Brooksville, Weeki Wachee, High Point, Hernando Beach, Hill ‘n Dale, Inverness Highlands, Sugarmill Woods, Lecanto, Wildwood, Lake Panasoffkee, or Bushnell, take strides in making sure you as the alleged offender are protected by contacting The Law Office of Ashley Aulls, P.A..
Ashley Aulls has spent over 20 years helping criminal defense clients like you. He believes in educating a client on his or her offense and keeping open communication lines for any questions or concerns while fighting ruthlessly against your charges. To find out what The Law Office of Ashley Aulls, P.A. can do for your domestic assault or battery charges in Hernando County or the surrounding areas, call (352) 593-4115 today and schedule your initial case consultation.
Important Definitions for Florida Domestic Violence
Department – the Florida Department of Law Enforcement, or FDLE
Domestic Violence – any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense that results in physical injury or death of one family or household member by another family or household member
Family or Household Member – spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if family, persons who have resided together in the past as if family, and persons who are parents of a child whether or not they were ever married. Except in the case of parents of a child, the family or household members must be currently residing in, or have in the past resided in, the same single dwelling unit.
Domestic Assault and Battery in Florida Defined
The only difference between typical assault and battery charges and domestic assault and battery charges is that domestic assault and battery occurs between family or household members. Simply put, domestic assault is the threat of violence against a family member and domestic battery is actual physical contact with a family member.
Specifically, Fla. Stat. § 784.011 defines assault as the communication through word or action of any unlawful and intentional threat to do harm, coupled with the apparent ability to do so, that causes the alleged victim reasonable fear of harm. In Fla. Stat. § 784.03, battery is defined as when a person actually and intentionally touches or strikes another person against that person’s will, or when a person intentionally causes bodily harm to another person.
There are also circumstances in a case that will reclassify the offense as aggravated. For instance, aggravated domestic assault is when a person commits assault against a family or household member with a deadly weapon. Felony domestic battery is when the act of battery on a family or household member results in serious bodily harm. Aggravated domestic battery is when a person commits battery against a family or household member and intentionally or knowingly causes great bodily harm, disfigurement, or disability, uses a deadly weapon, or thereby victimizes a pregnant woman that the person knows or should know is pregnant.
All domestic violence offenses, from simple domestic assault to aggravated domestic battery, carry severe penalties that can change your life. When facing any charge of domestic assault or domestic battery in Hernando County, it is strongly recommended you seek the counsel of an experienced Spring Hill domestic violence defense lawyer.
Penalties for Domestic Assault and Battery in Hernando County
Most offenses in Florida are assigned penalties through classification as a specific degree of misdemeanor or felony, which come with standard penalties outlined in Fla. Stat. §§ 775.082-775.084. For cases of domestic assault and domestic battery, these classifications and their related penalties are as follows:
- Domestic Assault
- 60 days in jail
- $500 fine
- Domestic Battery
- One year in jail
- $1,000 fine
- Aggravated Domestic Assault
- Felony Domestic Battery
- Five years in prison
- $5,000 fine
- Aggravated Domestic Battery
- 15 years in prison
- $10,000 fine
However, what makes a domestic violence conviction different from other charges like simple assault and battery are the additional legal sanctions, other accompanying collateral sanctions, and social stigma. An arrest for a domestic violence offense like domestic assault or battery can prevent you from immediately bonding out of jail, cause a 24-hour no contact provision, and be used against you in divorce or other family law proceedings.
A conviction for a domestic violence offense will make you guilty of a “crime of violence” according to Florida law, causing a lifetime ban against you owning a firearm and possibly deterring potential employers. Domestic violence cases are also not eligible for record sealing, even if a withhold of adjudication is issued and completed on your misdemeanor or felony domestic battery charge in Hernando County.
It is important to note that it is the decision of the State Attorney and the courts, not the alleged domestic violence victim, on whether or not to press charges and follow through with your case. If the alleged victim does not wish to move forward, your experienced Homosassa Springs domestic violence defense attorney can use this as a mitigating circumstance by making the alleged victim’s wishes known to the prosecution and the judge.
If the victim does wish to press charges, having a qualified domestic assault or battery defense lawyer serving the Brooksville area by your side to protect your rights could be the difference between a conviction and a more favorable outcome, such as a dismissed case.
The Law Office of Ashley Aulls, P.A. | Defense Attorney for Hernando County Domestic Assault and Battery
If you have been charged with domestic assault or battery in Brooksville, Spring Hill, Timber Pines, Brookridge, High Point, Hernando Beach, Inverness, Inverness Highlands, Beverly Hills, Hernando, Center Hill, Webster, the Villages, or elsewhere in and around Hernando County, contact experienced domestic violence defense lawyer Ashley Aulls. He will treat you with dignity and respect while fighting to protect your rights and your future from a domestic violence charge. Call (352) 593-4115 today and schedule your consultation.