Under existing Florida law, domestic violence charges can be tacked on to simple, aggravated or sexual battery or assault charges, as well as stalking charges. To be charged with both, police and prosecutors only need to be able to show that one person living in a home either physically injured or killed another household or family member.
Battery is a type of domestic violence that involves one person touching another without first receiving permission to do so. It becomes an aggravated offense when the violent act either disfigures someone else or causes him or her some type of permanent disability.
If the assailant knew that the person he or she was attacking was pregnant or used a weapon to commit the battery, then it’s likely that the charges will be upgraded to aggravated charges.
In the case of assault, it’s not necessary for a defendant to actually become physical with his or her victim for him or her to be charged with this crime. Instead, it’s possible for an individual to be charged with assault simply for threatening a victim with acts of physical violence. It’s important that there’s an act that occurred that made the victim fear he or she was at imminent risk of being violently attacked though.
Assault charges may be upgraded to aggravated charges if a weapon is brandished by the person making threats of violence.
Last, an individual may be charged with stalking if he or she repeatedly harasses someone else for an extended period of time without any valid reason. If a victim is threatened with being injured or killed or otherwise made to feel concerned about his or her safety, then it’s possible that the charge could become an aggravated offense.
If you’ve been accused of battery, assault or stalking directed at a family member or someone else residing in your home, then a Miami attorney can advise you of potential defense strategies that can be pursued in your case.
Source: Miami-Dade Clerk of Courts, “Domestic violence,” accessed June 14, 2018