The Most Common Domestic Violence Charges in Miami
If you’ve been arrested for domestic violence in Miami, you need an experienced criminal defense attorney on your side. Domestic violence allegations should always be taken seriously, as a conviction can result in heavy fines, probation, and even jail time.
As a Miami domestic violence defense lawyer, I’ve handled hundreds of these cases over my career. Below I’ll walk through the most common domestic violence charges I see here in Miami-Dade County, typical sentencing, and the best legal defense strategies.
What Is Considered Domestic Violence Under Florida Law?
Under Florida Statute 741.28, domestic violence includes any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or other criminal offense resulting in physical injury or death between family or household members.
Family or household members include:
- Spouses, former spouses
- Persons related by blood or marriage
- Persons who have a child in common
- Individuals who currently or formerly lived together as if a family
In other words, domestic violence allegations can arise from an incident between spouses, boyfriend/girlfriend, siblings, parent/child, or any other cohabiting relationship.
Most Common Domestic Violence Charges in Miami
Below I’ll overview the domestic violence charges I see most often at my Miami defense firm:
Domestic Battery
Under Florida Statute 784.03, battery occurs when a person actually and intentionally touches or strikes another person against their will or intentionally causes bodily harm.
Battery becomes domestic battery when it occurs between the family/household members outlined above. Domestic battery is a 1st-degree misdemeanor, punishable by up to 1 year in jail and $1,000 in fines.
Typical examples of domestic battery in Miami I see include:
- Hitting, slapping, or punching a spouse/partner/family member
- Pushing or shoving
- Throwing an object at the victim
- Pulling hair
- Twisting an arm
Often no injury is required if the state can prove intentional unwanted touching occurred. Self-defense can sometimes be used as a defense to domestic battery if the victim was the primary aggressor.
Domestic Assault
Under Florida Statute 784.011, an assault occurs when a person intentionally and unlawfully threatens another person by word or act to do violence to them, appears to have the ability to carry out the threat, and commits an act that creates a well-founded fear in the other person that violence is imminent.
As with battery, assault becomes domestic assault when it occurs between family or household members. Domestic assault is also a 1st-degree misdemeanor in Florida.
Some examples of domestic assault incidents I often see arrests for include:
- Threatening to hit or attack the victim
- Raising a fist in a threatening manner
- Moving aggressively toward the victim
- Threatening to use a weapon against the victim
- Breaking objects in a threatening display of rage
If a weapon was involved in the threat, the charges may be enhanced to aggravated domestic assault, a 3rd-degree felony with up to 5 years in prison.
Domestic Violence Injunctions
Also known as restraining orders, domestic violence injunctions can be obtained under Florida Statute 741.30. These civil orders are meant to protect victims from further harm. They can order the abuser to avoid any contact with the victim.
Violating a domestic violence injunction is a 1st-degree misdemeanor. A second violation becomes a 3rd-degree felony.
Defending against false or retaliatory injunction requests is an important service I provide as a domestic violence lawyer in Miami. Many injunctions are unfortunately filed for revenge or custody reasons. We can fight these in court hearings.
Enhanced Penalties for Repeat Domestic Violence Offenders
First-time offenders who are found to have intentionally caused bodily harm, as well as those previously convicted of domestic battery in Florida, face mandatory minimum sentences if convicted:
Under Florida Statute 741.283:
- For a first-offense domestic violence conviction where the defendant intentionally caused bodily harm, the court must impose a minimum 10-day jail sentence.
- For a second offense, the minimum is 15 days in jail.
- For a third or subsequent offense, the minimum is 20 days in jail.
- If the domestic violence took place in front of a child under 16 who is a family or household member, the minimums are increased to 15 days for a first offense, 20 days for a second offense, and 30 days for a third or subsequent offense.
- These are minimum mandatories that must be imposed unless the court sentences the defendant to prison time.
- The court can still sentence the defendant to probation, community control, or additional jail time beyond the minimum.
- The goal of the statute is to impose escalating punishments for repeat domestic violence offenders.
If you have prior domestic battery convictions, even a relatively minor new allegation can lead to mandatory jail if you are convicted. That’s why hiring an experienced domestic violence defense attorney is so important.
Common Defenses to Domestic Violence Charges
As a Miami domestic battery lawyer, I’ve had great success beating these charges by building compelling legal defenses. Common strategies I use include:
Self Defense
If the alleged victim was, in fact, the primary aggressor, self-defense applies. We can argue our client only used reasonable force to protect themselves from further attack. Witness statements, medical records, and 911 calls often contain evidence to prove the client acted defensively after being assaulted.
False Allegations
Many domestic violence charges arise from false accusations made during heated arguments or custody disputes. If we can show the alleged victim is making up or exaggerating the story for revenge, leverage, or some other motive, we can beat the charge. Impeaching the accuser’s credibility is key.
Mistaken Identity
Eyewitness misidentification is common in family violence cases where multiple people may have been present. If we can show our client was misidentified or someone else committed the crime, the charges can be dismissed.
Work with a Miami Domestic Violence Lawyer Today
If you or a loved one are facing accusations of domestic assault, battery, or similar charges, you need legal representation immediately. At my Miami firm, I have the experience, resources, and trial skills to build an aggressive defense against false or inflated allegations.
I understand the immense pressures you’re facing. My team will treat you with compassion and respect while fighting relentlessly for the best-case outcome.
