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A Tampa domestic battery attorney can help you get the help you need to get out of harm’s way.
Domestic violence cases are tough. The accusations can be painful, and the legal system can be confusing. A Tampa domestic battery attorney can help you navigate the system and get the help you need when you’re at your most vulnerable.
The first step is to call Whittel & Melton. Our attorneys have backgrounds in domestic violence, and we’re here to help you. We’ll listen and be there when you need us most.
Call us today at 866-608-5529 to get started today.
Domestic battery is a serious offense that can lead to severe consequences.
Domestic battery refers to any kind of battery committed within a domestic relationship. In other words, it refers to any type of violence committed by a current or past spouse or someone who is legally married to the victim. It also refers to any violence committed by someone dating the victim.
The law considers domestic battery any unwanted touching, regardless of how severe the contact is. For example, it can include shoving or grabbing, or it can refer to more serious things like hitting or choking. It can also refer to non-contact offenses, such as threats or intimidation.
If there is any question of whether something your partner or spouse is doing could be considered domestic battery, it’s best to err on the side of caution and call a Tampa domestic battery attorney. An experienced attorney will be able to help you understand the laws in Florida and what might qualify as domestic battery.
For any questions regarding what may be considered domestic battery, please contact the team at Whittel & Melton today.
How Serious is Domestic Battery in Tampa?
One of the primary reasons people don’t report domestic violence is because they don’t understand the extent of the charges. Many people assume that if their friends or family members didn’t leave the house after being hit by their partner, it must not have been that bad. This couldn’t be further from the truth.
Domestic violence is a serious matter, and it’s never the victim’s fault.
In Florida, domestic battery is a first-degree misdemeanor. This is the most serious type of misdemeanor, and it carries with it the possibility of jail time and serious fines. However, depending on the severity of the case, the accused could be charged with a third-degree felony instead.
Domestic battery is a serious crime. The victim might be traumatized and confused and not know what to do. Below are some answers to the most frequently asked questions about domestic battery in Tampa, Florida:
How Much is Bail for Domestic Battery in Tampa?
Bail is a financial guarantee that someone will show up to court. A judge sets the amount, and it depends on several factors, including the severity of the crime and the accused’s criminal record.
Since the severity of domestic battery can range quite drastically, bail is determined on a case-by-case basis.
Whether you were a victim of domestic battery or you were wrongfully accused, a seasoned Tampa domestic battery attorney can help protect your rights and ensure that you get justice. Your attorney will work with the prosecutor to build a strong case, and will be able to answer any questions that you might have regarding the legal process.
Call Whittel & Melton today to get started on your case.
Is Domestic Battery a Felony in Tampa?
This, again, will depend on the circumstances of the case. Domestic battery is classified as either a first-degree misdemeanor or a third-degree felony in Florida.
If the defendant has a prior felony or the domestic battery was committed using a deadly weapon, the defendant may be charged with a felony instead of a misdemeanor.
However, if the defendant has no prior record, the domestic battery may only be classified as a first-degree misdemeanor.
What Sentence Can Be Given if Found Guilty of Domestic Battery?
The sentence that can be given if found guilty of domestic battery will also depend on the circumstances of the case. It will usually consist of some combination of probation, community service, and/or some form of restitution, such as paying for any medical bills or counseling.
When found guilty of a misdemeanor charge of domestic battery, Florida state law states that the accused can be sentenced to up to 12 months in jail and/or pay a fine of up to $1000. Of course, depending on the settlement, this could also result in probation or other non-jail penalties.
Should the accused be found guilty of a third-degree felony, Florida state law states that the accused can be sentenced to up to 5 years in jail and/or pay a fine of up to $5000. Again, depending on the circumstances of the case, the sentence may result in other penalties.
Is There a Difference Between Assault and Battery?
Battery and assault are both crimes using force against another person. However, for an action to be considered battery, at least some sort of contact must have been made. Assault, on the other hand, only requires the intention to use force against another person.
Both assault and battery fall under the larger umbrella term of domestic violence, defined as the use of force, coercion, or threats against a current or former family member, partner, or spouse.
This can include the use of physical force, but is not limited to it. It can also include the use of threats, psychological coercion, and even the use of weapons in some cases.
Is Domestic Battery by Strangulation an Automatic Felony?
Under Florida statutes 784.041, battery by strangulation is considered a felony offense. For a battery case to be considered battery by strangulation, the accused must have knowingly and intentionally caused bodily harm to another person through the use of force that results in the partial or complete obstruction of the blood or airflow to the head.
To prove a battery by strangulation, it must be proven beyond a reasonable doubt that the accused intended to obstruct the victim’s air and/or blood flow.
If convicted of battery by strangulation, the accused will be subject to severe penalties and fines, including prison time.
The experienced attorneys at Whittel & Melton are dedicated to providing our clients with the best possible legal representation.
As domestic battery attorneys in Tampa, we are committed to protecting victims of domestic violence and holding their abusers accountable for their actions. We understand that domestic violence is a serious crime, and we take the time to listen to our clients, understand their unique situations, and develop a strategy to best protect their rights and interests.
Of course, if you were wrongfully accused of domestic battery, we will work tirelessly to ensure that your rights are protected and that the best possible outcome is achieved.
If you or a loved one require a Tampa domestic battery attorney, please don’t hesitate to call the Whittel & Melton team today.