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If a battery is reclassified, a person is subject to a greater penalty.
Under Florida Statute 784.03, the crime of misdemeanor battery is committed when a person either: As you can see, a battery can occur from something minor, such as grabbing another person's arm; or a battery could also occur by throwing something that strikes another person.
Due to the ‘domestic’ nature of the crime, the accused will face additional mandatory penalties under Chapter 741, Florida Statutes, including: Under Florida law, a person who commits an act of domestic violence battery or any other domestic-related crime of violence, as defined in Section 741.28, Florida Statutes, is ineligible to have his or her record sealed or expunged, regardless of whether adjudication is withheld.
Importantly though, when it comes to touching or striking a person, there is no requirement that the person be injured - the non-consensual contact is sufficient.
The crime of Battery is a First Degree Misdemeanor and if convicted of Battery, a judge can impose any combination of the following penalties: Florida reclassifies or upgrades the crime of battery if the battered person falls into one of the following categories and was engaged in the lawful performance of his or her duty when they were battered.
Some of the most common defenses include: There are innumerable strategies for addressing a domestic battery charge, many of which can assist in having a case dropped or reduced prior to trial.
Some of the more common defense strategies include the following: The importance of hiring an attorney in a Domestic Violence Battery case cannot be overstated.
For the sake of comparison, then-Florida tight end A. Leonard was arrested on misdemeanor battery charges in 2012 after his girlfriend told police he dragged her by her hair and forcibly removed her from their apartment; certainly, bruises caused by grabbing arms and scratches to the arms and neck would seem to many to be substantially less violent, though any such distinction is subjective, and violence remains violence.
Leonard, the 10th Florida player arrested during Will Muschamp's tenure as head coach, was swiftly suspended, and eventually chose to transfer rather than shape up and remain at Florida.
In Florida, the state offers legal options through both the criminal and civil court systems.
For example, state residents can request injunctions, also known as restraining orders, through the Florida family courts.
The existence of such a relationship shall be determined based on the consideration of the following factors: No incident of domestic or intimate partner violence is too small to dismiss.
However, given the scant details we have via Andreu's reporting, this would not seem to be the sort of violence, even administered by a man on a woman, that typically results in major criminal charges.
While not sanctioned as a legal defense, mutual combat is a theory that can be argued to a jury as a sub-category of the defense of consent.Tags: Adult Dating, affair dating, sex dating