Sexual battery: Under Florida law, sexual battery is, essentially, sexual penetration without consent. If Jason forces Suzanne to have penetrative sex — involving his genitals or an object — then he can be charged with sexual battery, which is a first-degree felony.
If he uses or threatens to use a weapon, or uses physical force that results in a serious injury to Suzanne, then he can be charged with a life felony. Stalking: In Florida, stalking can be done online or in real life. Similarly, if he constantly emails her, texts her, or posts or tags her in social media posts, he can be charged with stalking. Aggravated stalking: Charges of aggravated stalking can be brought against someone accused of making a credible threat while stalking or who continues to stalk someone in violation of a restraining order.
If Jason has a restraining order against Suzanne, for example, and she continues to harass him online, she can be charged with aggravated stalking. The same holds true if Jason follows Suzanne into work and threatens to kill her if she dates another man.
False imprisonment: In the context of domestic violence, false imprisonment charges are most often brought when a person is held against their will. If Jason locks Suzanne in the bedroom to prevent her from leaving the house or calling her mother or sister, he can be charged with false imprisonment. Kidnapping: While kidnapping brings up images of snatching people for ransom, kidnapping can also be charged in conjunction with domestic violence.
Kidnapping is domestic violence when a person is held against their will by another who has the intent to commit a felony, to inflict bodily harm against them, or to terrorize them. If Jason locks Suzanne in the basement and continually threatens her, he can be charged with kidnapping. Other criminal offenses: Florida law so broadly defines domestic violence that it includes any crime committed by any family or household member that results in physical injury to or death of another family or household member.
Furthermore, if the other person suffered bodily harm, the person convicted must serve a minimum of ten days in jail. If the person is convicted for a second time, the minimum jail sentence increases to 15 days. For a third offense, the mandatory minimum is 20 days in jail. Those minimums increase to 15, 20, and 30 days respectively if a child under 16 years old was present during the incident.
They are aggravated assault, domestic battery by strangulation, sexual battery, aggravated stalking, kidnapping, and false imprisonment. In addition, a prior conviction of battery can result in felony charges for subsequent violations.
If you are convicted of a Florida domestic violence charge, you have everything to lose. A conviction can result in a jail or prison sentence and a hefty fine, and can forever change your future. A conviction can impact your ability to obtain or keep a professional license, can prevent you from getting or keeping a job, can prevent you from owning a gun, and even shows up on your credit report.
Your Florida domestic violence lawyer can use a number of strategies to have the charges dropped or reduced, to prevail at trial, or to reduce the sentence upon conviction. Offense defined. A person commits a misdemeanor of the second degree if he recklessly engages in conduct which places or may place another person in danger of death or serious bodily injury.
In Pennsylvania, domestic violence is not considered a separate charge from a crime like assault, aggravated assault, or battery. Domestic violence is a very serious crime and as such it comes with some very serious consequences.
The crime of domestic violence comes with two waves of consequences, the first happens immediately upon the police first getting involved and the second occurs depending on the outcome of the charge. The term domestic violence, broadly speaking, covers a range of both felony and misdemeanor violence crimes committed against an intimate partner. The relationship between the victim and perpetrator can come in a few different flavors.
Domestic violence covers violence committed against a current or former lover, the parent of a child in common or somebody cohabitating as an intimate partner. As domestic violence covers a range of crimes, the severity of the consequences of a domestic violence charge will be determined by the severity of the crime itself.
The term domestic violence helps to identify the crime being committed but it is also a descriptive way of boiling down the crime committed into its constituent parts the victim and the aggressor and the relationship between them.
To determine the consequences you could be facing for a domestic violence charge, you need to know what type of domestic violence charge you are facing.
There are three types of domestic violence charges and the severity of the penalties a particular charge has will depend on which of the type you are facing. The types of domestic violence charges and their consequences are:. The type of domestic violence crime you are charged with will determine what the maximum prison time and fine that you will pay can be. However, there is a lot of variation from case to case because of the details of the crime itself, such as where it happened and if there was a history of similar behavior in the past.
Domestic violence as a crime requires a mandatory arrest of the individual causing the violence if the initial arrest is made within four hours of the offense. In cases where assault is involved, only the perpetrator will be arrested.
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