Facing an Aggravated Domestic Violence Charge in Florida?

Florida doesn’t have a separate crime called “aggravated domestic violence.” Instead, an aggravated assault or aggravated battery becomes a domestic violence case when one family or household member (as defined in Fla. Stat. § 741.28) commits it against another. Except for parents of a child in common, those family or household members must be currently residing or have in the past resided together in the same single dwelling unit. The felony degree of the charge sets the maximum prison term and fine. This guide explains those limits for people in Miami-Dade, Broward and the Florida Keys who are researching aggravated domestic violence penalties in Florida.

What are the potential penalties and prison sentences for aggravated domestic violence convictions in Florida?

Florida sets maximum prison terms and fines by felony degree. A third-degree felony carries up to 5 years in prison and a fine of up to $5,000. A second-degree felony carries up to 15 years and a fine of up to $10,000.

A first-degree felony carries up to 30 years in prison and a fine of up to $10,000. The Fla. Stat. § 775.082 sets the prison limits. The Fla. Stat. § 775.083 sets the fine limits.

Aggravated assault is usually a third-degree felony. Aggravated battery is usually a second-degree felony. So the charge itself often starts you at one of these ceilings.

These numbers are maximums, not forecasts. The judge chooses a sentence within a range set by the scoring system, and that range runs up to the maximum. Section three explains how the scoring works.

A charge reduced to a misdemeanor has lower limits. A first-degree misdemeanor carries up to 1 year and a fine of up to $1,000.

How does Florida define domestic violence and which aggravated charges apply?

Florida treats aggravated assault and aggravated battery as domestic violence when one family or household member commits them against another. Except for parents of a child in common, those family or household members must be currently residing or have in the past resided together in the same single dwelling unit. The relationship is what makes the case a domestic violence case.

Under Fla. Stat. § 741.28, domestic violence means an assault, aggravated assault, battery, aggravated battery or other listed crime against a family or household member. The law covers spouses, former spouses, relatives by blood or marriage and parents of a child in common.

Aggravated assault is defined in Fla. Stat. § 784.021. It is an assault with a deadly weapon and no intent to kill, or an assault with intent to commit a felony. It is a third-degree felony.

Aggravated battery is defined in Fla. Stat. § 784.045. A person commits it by intentionally or knowingly causing great bodily harm, permanent disability or permanent disfigurement. A person also commits it by using a deadly weapon while committing a battery. It is a second-degree felony.

Physical injury isn’t always required.

How do felony degrees translate into prison time and fines in Florida?

Each felony degree has its own maximum prison term and fine. The judge then sets a sentence inside the scoring range.

A felony conviction also brings court costs of $50, in addition to any fine. Florida law caps the fines that may be imposed for designated crimes.

The Criminal Punishment Code scoresheet sets the lowest permissible sentence. Total points of 44 or fewer allow a nonstate prison sanction, unless the court finds prison is appropriate. Above 44 points, the system subtracts 28 points and reduces the rest by 25 percent. The Fla. Stat. § 921.0024 sets these rules.

Prison isn’t the only outcome. Under Fla. Stat. § 921.0024, with 44 total sentence points or fewer, the lowest permissible sentence is a nonstate prison sanction, unless the court determines within its discretion that a prison sentence, which may be up to the statutory maximums for the offenses committed, is appropriate. The exception is a court’s written finding that a nonstate prison sanction could present a danger to the public.

Sealing or expunging a record is a separate legal process. It has its own eligibility rules.

How can a firearm, a prior battery or a prior domestic violence record increase exposure?

Under Fla. Stat. § 775.087, unless otherwise provided by law, a felony, except one in which the use of a weapon or firearm is an essential element, is reclassified when the defendant carries, displays, uses, threatens to use, or attempts to use a weapon during it. The same happens when an aggravated battery is committed during it. A first-degree felony becomes a life felony. A third-degree felony becomes a second-degree felony.

That statute also requires a 10-year minimum prison term when the person actually possessed a firearm during certain listed felonies, except that a person convicted of possession of a firearm by a felon or burglary of a conveyance shall be sentenced to a minimum term of imprisonment of 3 years. The list of qualifying felonies in the statute controls whether this applies.

Under Fla. Stat. § 784.03, a person with one prior battery, aggravated battery, felony battery or violent resisting conviction who commits another battery faces a third-degree felony. A prior conviction includes a withheld adjudication or a no contest plea.

Domestic battery by strangulation is also a third-degree felony under Fla. Stat. § 784.041. It covers knowingly and intentionally, against the will of another, impeding the normal breathing or circulation of the blood of a family or household member or dating partner, so as to create a risk of or cause great bodily harm, by applying pressure to the throat or neck or by blocking the nose or mouth.

Which of these apply depends on the facts in the charging document and the record.

What collateral consequences follow a domestic violence felony conviction in Florida?

A final domestic violence injunction that is currently in force can bar firearm and ammunition possession, and federal law adds its own limits.

Under Fla. Stat. § 790.233, a person may not have in his or her care, custody, possession, or control any firearm or ammunition while a final injunction is in force restraining them from acts of domestic violence (s. 741.30) or from acts of stalking or cyberstalking (s. 784.0485), subject to a limited exception for certain on-duty officers. A violation is a first-degree misdemeanor. Federal law also restricts firearm transfers to someone convicted of a misdemeanor crime of domestic violence.

Under Fla. Stat. § 741.29, when complaints are received from two or more parties, or when two or more persons are believed to have committed an offense, the officer must try to determine who was the primary aggressor. Under Florida law, arrest is the preferred response only with respect to the primary aggressor, and not with respect to a person who acts in a reasonable manner to protect or defend oneself or another family or household member from domestic violence. It isn’t the preferred response toward someone acting reasonably to defend themselves or another family member.

Breaking a bond condition is its own crime. Under the same statute, willfully violating a pretrial release condition in a domestic violence arrest is a first-degree misdemeanor.

A court can also order no contact as a condition of pretrial release. The Florida Courts domestic violence guide explains this.

A conviction can also affect employment, professional licensing, immigration status and custody or parenting time. These effects vary by case and profession.

What should someone do first after being charged with an aggravated domestic violence offense?

Following every bond and no-contact condition, and keeping all court papers, are the first steps that matter most.

• Keep copies of the charging papers, bond conditions, any protective-order documents and every court date.
• Don’t contact the alleged victim, even with kind messages or messages sent through friends. A willful violation can lead to custody.
• Don’t post about the case or the other person on social media.
• Think carefully before answering police questions about the incident.

Is aggravated domestic violence a felony in Florida? Yes, when the charge is aggravated assault or aggravated battery. Aggravated assault is a third-degree felony, and aggravated battery is a second-degree felony.

For a broader view of how these cases move through court, read our Miami domestic violence defense guide.

Talk with Patrick Wilson Law about your aggravated domestic violence charge

You may be reading this after a family member was arrested, or after a charge you never expected. A court date may be ahead, and your home, job or professional license may be on the line.

Patrick Wilson Law, PLLC is a Miami criminal defense firm. Patrick David Wilson is the responsible lawyer for this page. The firm focuses on domestic violence and related criminal defense for clients across Miami-Dade County, Broward County and the Florida Keys.

Bring the arrest report, bond paperwork and any court notices. Our team can connect the ranges on this page to your degree, your record and your situation. Our first consultation is free, confidential and carries no obligation to continue. Call 786-761-1719 or leave us a message to set it up.