What makes domestic battery a felony

Getting the charges dropped for domestic battery is often difficult. While the alleged victim can change her mind and decline to press charges, in many cases, the courts will go forward with the case anyway. However, we get involved early and attempt to discuss your case with the prosecutor before he has the chance to file charges. We might argue that the charges are the result of a misunderstanding or simple mistake that will not happen again.

If you currently face domestic battery charges, do not respond to questioning or enter a plea until you have consulted the St. Petersburg domestic battery lawyers at Goldman Wetzel. It is imperative that you understand the true consequences of entering a guilty or no contest plea — something the prosecutor is unlikely to explain to you. Summer Goldman and Maribeth Wetzel take a team approach to criminal defense.

They work together on every case and provide proactive legal representation to help achieve the best possible outcome. We will examine your case to determine the best outcome for your case. This might include:. By using these defenses, we might be able to plead your case from a felony to a misdemeanor or persuade the prosecutor to drop the charges entirely. Contact Goldman Wetzel today to schedule an appointment for a complimentary consultation: Domestic violence may be classified as a misdemeanor when it involves a party who uses, attempts to use, or threatens to use physical force against another member of their household.

Misdemeanor charges are usually the result of an assault or battery crime. For example, assault occurs when a person intentionally threatens another individual to the extent that the individual becomes reasonably apprehensive that they are in imminent danger of bodily harm. Thus, a defendant may have committed assault if they scare or threaten someone to the level where the victim believes actual harm will be inflicted on them very soon.

As for the crime of battery, this refers to when a person uses physical force against another that results in offensive or harmful contact and is done without their permission. One other instance in which an act of domestic violence may qualify as a misdemeanor is when a defendant emotionally abuses their victim. Emotional abuse may consist of verbal abuse, criticism, manipulation, screaming, and making remarks that are upsetting or belittling.

There are several factors that may convert misdemeanor domestic violence into a felony charge. The most common ways this can happen is if the abuse becomes more frequent, the victim sustains more severe injuries, or the defendant has already been charged with misdemeanor domestic violence. Some other ways domestic violence can lead to criminal felony charges is when one or more of the following factors is present during the incident:. However, it should be noted that these factors can change and there may be additional elements that constitute a felony depending on the laws of the jurisdiction and circumstances of the case.

A person who is convicted of domestic violence felony charges can face very serious legal consequences, such as:. Aside from these standard penalties, a defendant may also lose certain privileges if they are convicted of felony domestic violence like loss of child custody or visitation rights, inability to get a job or a house, and loss of gun ownership. Also, the type of punishment a defendant receives will vary by jurisdiction and the circumstances of their case.

For example, the punishment for a first offense domestic violence felony is less severe than a defendant who has been charged and convicted of multiple instances of domestic violence felony.

As a general rule of thumb, the more repeat offenses the defendant is convicted of, the longer and more serious of a punishment they can expect to receive. For instance, while a first-time offense may result in temporary loss of child visitation rights, repeated offenses could eventually lead to permanent severance of all parental rights.

Domestic violence cases can be filed in both criminal and civil court. One will not prohibit the other from being filed since criminal and civil courts are considered two separate sovereigns. In a criminal proceeding, a local prosecutor will decide whether to file charges against an abuser. The purpose of a criminal proceeding is to punish and deter the defendant from committing acts of domestic violence in the future.

In a civil proceeding, however, it is the victim who will bring a case against their abuser usually an action based in tort law. The reason why the victim may also want to consider filing a civil case is so that they can recover damages for any physical or emotional losses caused by the defendant. They may request damages for items, such as medical bills or lost wages, or potentially obtain an injunction to restrain their abuser from coming near them. The first step a victim of domestic violence should take is to remove themselves from the situation if possible.

This may mean temporarily staying with a friend or family member, seeking shelter at a safe house, or finding ways to avoid the abuser.

Once the victim reaches a place where they feel safe from harm, they should call the police and report the incident. Filing a police report allows law enforcement to arrest and potentially charge the abuser. If the abuser is charged, the victim should be ready to cooperate in a criminal investigation regarding the incident. This may include having to answer questions posed by the police or providing evidence of injuries caused by the abuser.

Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Thompson Law, P. Contact Thompson Law, P. Do I Have a Case? Will I Have a Criminal Record? What Makes a Domestic Battery a Felony? What is Domestic Battery? Strangulation Domestic battery by strangulation is another way a simple battery can be raised to a felony.

Committing the Battery While the Victim is Pregnant To commit this crime again, only requires a touching. Contact Us free consultation. Submit a Law Firm Client Review. Volusia County Crime Lawyers. Justia Law Firm Website Design.