Is Domestic Violence a Felony in Florida?
Domestic violence is a serious issue that affects millions of people across the United States, including the state of Florida. In Florida, domestic violence is a criminal offense that can be charged as a felony, misdemeanor, or even both, depending on the severity of the incident and the defendant’s criminal history. In this article, we will explore the answer to the question "Is domestic violence a felony in Florida?" and provide an in-depth analysis of the relevant laws and penalties.
Is Domestic Violence a Felony in Florida?
Yes, domestic violence can be a felony in Florida. According to Florida Statute 741.29, domestic violence is considered a felony of the third degree if the defendant:
- Has a prior conviction for domestic violence
- Has a prior conviction for a felony that involved domestic violence
- Caused great bodily harm or permanent disability to the victim
- Used a deadly weapon during the commission of the offense
- Caused the victim to become a victim of stalking
If the defendant is convicted of a felony domestic violence offense, they can face imprisonment for up to 5 years and a fine of up to $5,000.
Misdemeanor Domestic Violence in Florida
Domestic violence can also be charged as a misdemeanor in Florida. Under Florida Statute 741.28, a person can be charged with a misdemeanor domestic violence offense if they:
- Commit domestic violence against a person they are related to by marriage, blood, or adoption
- Commit domestic violence against a person they have or have had a romantic or sexual relationship with
- Commit domestic violence against a person who is or was a member of the same household as the defendant
- Commit domestic violence against a person who is pregnant with the defendant’s child
Misdemeanor domestic violence offenses are typically punishable by up to 1 year in jail and a fine of up to $1,000.
Penalties for Domestic Violence in Florida
The penalties for domestic violence in Florida vary depending on the severity of the offense and the defendant’s criminal history. Here are some of the possible penalties for domestic violence in Florida:
| Offense | Penalty |
|---|---|
| Misdemeanor domestic violence | Up to 1 year in jail, fine of up to $1,000 |
| Felony domestic violence | Up to 5 years in prison, fine of up to $5,000 |
| Aggravated domestic violence | Up to 15 years in prison, fine of up to $10,000 |
Consequences of a Domestic Violence Conviction in Florida
A conviction for domestic violence in Florida can have serious consequences that extend beyond the criminal justice system. Some of the consequences of a domestic violence conviction in Florida include:
- Loss of Constitutional Rights: A domestic violence conviction can result in the loss of certain constitutional rights, including the right to bear arms and the right to vote.
- Loss of Employment: Many employers will not hire individuals with a domestic violence conviction, and some may even terminate the employment of existing employees who are convicted of domestic violence.
- Loss of Child Custody: A domestic violence conviction can result in the loss of child custody or visitation rights.
- Loss of Immigration Status: A domestic violence conviction can result in the loss of immigration status for non-citizen defendants.
How to Get Help if You’re a Victim of Domestic Violence
If you are a victim of domestic violence, there are many resources available to help you. Here are some of the ways you can get help:
- Call the National Domestic Violence Hotline: The National Domestic Violence Hotline is a 24-hour hotline that provides confidential and anonymous support to victims of domestic violence. You can call the hotline at 1-800-799-7233.
- Contact a Local Shelter: There are many local shelters and support organizations that provide housing, food, and other services to victims of domestic violence. You can find a local shelter by visiting the National Network to End Domestic Violence’s website.
- Report the Incident to the Police: If you are in immediate danger, call the police. If you are not in immediate danger, you can file a police report and seek a protective order.
Conclusion
Domestic violence is a serious issue that affects millions of people across the state of Florida. While a domestic violence conviction can be a serious criminal offense, it is important to note that there are many resources available to help victims of domestic violence. If you are a victim of domestic violence, there are many ways you can get help, including calling the National Domestic Violence Hotline and contacting a local shelter.
