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Felonies

Definition

Felony crimes of domestic violence include an aggravated assault, aggravated battery, aggravated stalking, sexual assault, sexual battery, kidnapping, false imprisonment, or any other criminal offense resulting in physical injury or death to one family or household member by another family or household member. Florida statute 741 defines a family or household member as a spouse, former spouse, persons related by blood or marriage, persons who are presently living together as if a family or who have lived together in the past as a family and persons who are parents of a child together regardless of whether or not they have been married or living together.

Consequences

Any defendant charged with a third degree felony faces up to 5 years in state prison or 5 years of probation. Any defendant charged with a second degree felony faces up to 15 years in state prison or 15 years of probation. Any defendant charged with a first degree felony faces up to 30 years in state prison or 30 years of probation. Any defendant charged with a first degree punishable by life felony faces up to life in state prison or any number of years of probation. In addition, all domestic violence crimes pleas also require a defendant to successfully complete a batterer’s intervention program, which usually consists of a series of classes totaling 26 weeks. In addition, most pleas will include a criminal stay away order in favor of the victim, requiring the defendant to stay at least 500 feet away from the victim or the victim’s residence at all times.

If you or someone you know has been arrested for or charged with a felony domestic violence crime, contact the attorney’s at Benjamin & Melmer, LLC.