Boca Raton Domestic Battery Attorney | Whittel & Melton

Domestic Battery is a serious crime, and it can have serious consequences.

Domestic violence is a serious problem in many households. If a violent situation escalates and the police are called things change. The defendant will be arrested, and a criminal case could be filed.

However, many cases of domestic violence are never reported to the police. In those cases, a victim may seek the advice and assistance of a Boca Raton domestic violence attorney. A lawyer helps the victim explore their legal options, such as obtaining a protective order or seeking compensation for damages.

A Boca Raton domestic battery attorney can educate clients about their rights under Florida law, provide legal advice, and offer strong advocacy in domestic violence cases.

If you’ve been falsely accused of domestic battery, reach out to a team of legal professionals to navigate this difficult situation and protect your rights.

At Whittel & Melton, our Boca Raton domestic violence attorneys are committed to providing compassionate, aggressive legal representation. We are ready to fight for your rights, so call us today to schedule a consultation regarding your case.

We can be reached 24 hours a day, 7 days a week at 866-608-5529.

What is Domestic Battery?

Domestic violence occurs all too often, leaving victims and the wrongfully accused scared, confused, and searching for answers. We can help.

In 2019 alone, there were approximately 105,289 incidents of domestic violence reported to Florida law enforcement officials – resulting in some 66,000 arrests. Unfortunately, domestic violence is an umbrella term that often fails to capture the complexity and nuances of these situations.

Domestic violence can take many forms, including physical, verbal, and sexual abuse. It can also take the form of threats, intimidation, and coercion. It does not matter whether those actions are used by a partner, family member, or acquaintance.

How Is Domestic Battery Defined in Florida?

Domestic battery is defined under Florida state law as domestic violence under 741.28. “Domestic violence” encompasses any form of assault. This includes battery, aggravated assault or battery, and sexual assault or battery. Other forms of domestic battery include kidnapping, stalking, false imprisonment, or offenses resulting in physical injury or death.

In simpler terms, domestic battery is any assault, battery, or other illegal act committed against a current or former spouse, partner, or roommate. It can also include acts of violence against children or other family members, such as a parent, child, or sibling.

What Happens When You Get a Domestic Violence Charge in Boca Raton?

If you’re charged with domestic violence in Boca Raton, you could face serious consequences like prison time, hefty fines, and a criminal record. The severity depends on factors such as the nature and extent of the alleged crime.

For example, if you are accused of physically assaulting your spouse, you could be facing a third-degree felony charge. This means that you could be facing up to five years in prison, as well as fines and other penalties.

On the other hand, if you are accused of simple battery, defined as a single unwanted or unwarranted touching, you could face a first-degree misdemeanor charge. This means that you could be facing up to one year in prison, fines, and penalties.

Is Domestic Battery a Felony in Boca Raton?

In Florida, domestic battery can be charged as either a misdemeanor or a felony, depending on the severity of the crime.

For instance, assault and battery under Florida law are broken up into several different sections, including:

• Battery – 784.03: Intentionally touches or hits another person against their will or purposely causes bodily harm to another person
• Aggravated Battery – 784.045: a person who intentionally causes great bodily harm or permanent disability/disfigurement or uses a deadly weapon.
• Assault – 784.011: an intentional, unlawful threat by either word of mouth or by the actions taken with the intent to do violence to a person
• Aggravated Assault – 784.021: an assault using a deadly weapon without intent to kill or with intent to commit a felony.

The law states that in the case of battery, a person who commits battery will be charged with a misdemeanor of the first degree. A second offense or any subsequent battery is then considered a felony of the third degree.

How Much is Bail for Domestic Battery in Boca Raton?

Bail is the amount of money a court requires a person arrested for a crime to post to secure their release. The bail amount is determined on a case-by-case basis and is intended to ensure that the defendant appears in court.

Misdemeanor domestic battery is usually considered a bailable offense, while felony or capital battery is not.

If you’ve been arrested for domestic battery, you must speak with one of the Whittel & Melton Boca Raton domestic battery attorneys. An attorney will evaluate the situation and determine if bail is appropriate. If bail is deemed necessary, the attorney will work with the judge and the prosecutor to ensure your release.

What is a Typical Sentence if Found Guilty of Domestic Battery?

If found guilty of domestic battery, your sentence can and will vary depending on the severity of your particular case. However, the typical domestic battery conviction will result in up to one year in a Florida jail according to 775.082(4)(a) and/or a fine of $1,000 according to 775.083(1)(d).

If found guilty of a felony domestic battery, the typical sentence will result in up to five years in a Florida state prison according to 775.082(9)(a)(3)(d), and a fine of $5,000 according to 775.083(1)(c).

In addition to this, a felony domestic battery conviction will result in a criminal record that can negatively impact your ability to find a job, obtain housing, and more.

Reasons You May Need a Domestic Battery Attorney

Whether you’re the one filing domestic battery charges or the one facing these allegations, you must speak with a domestic battery attorney from Whittel & Melton as soon as possible. An attorney will evaluate the situation and determine your best course of action. An attorney will help you protect your rights, ensure you receive the best possible outcome, and protect your future.

Prevents Self-Incrimination

If you were arrested for domestic battery and are being asked questions or are being investigated for the incident, the answer you give to the police may be used against you in court.

An attorney will advise you on the best course of action in these circumstances, including whether or not you should answer questions or invoke your right to remain silent.

They will also be able to prevent you from self-incrimination by ensuring that you receive the best possible representation throughout the legal process.

Have Charges Against Yourself Dropped

A Boca Raton domestic battery attorney from Whittel & Melton may be able to negotiate for or secure a dismissal of the charges against you. This could be especially beneficial if you were the one who was falsely accused of domestic battery.

Build a Defense

If you’re the one who’s filing charges, an attorney will be able to build your best possible defense to ensure that your case is as strong as possible. An attorney will represent you in court, and build a defense that is customized to your situation.

Get Help with Your Domestic Battery Case from Whittel & Melton Today

If you or a loved one is facing domestic battery charges or are the one filing the complaint, you must speak with a domestic battery attorney as soon as possible. An attorney will evaluate the situation, provide you with the best possible advice, and help protect your rights.

If you require a Boca Raton domestic battery attorney, please, do not hesitate to reach out.