Domestic Violence & Domestic Battery

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Potential Serious Lifetime Consequences

Being convicted of domestic violence or domestic battery will negatively impact your life forever. You may be disqualified from employment in children, elder, daycare, education, law enforcement and health care related fields.

Domestic violence and domestic battery usually involve an alleged assault or battery on a spouse, ex-spouse, boyfriend, girlfriend or other family member. Promptly retaining me to pursue every viable criminal defense on your behalf is crucial.

Quick Law Review

784.041 Felony battery; domestic battery by strangulation.—

  • (1) A person commits felony battery if he or she:
    • (a) Actually and intentionally touches or strikes another person against the will of the other; and
    • (b) Causes great bodily harm, permanent disability, or permanent disfigurement.

  • (2)(a) A person commits domestic battery by strangulation if the person knowingly and intentionally, against the will of another, impedes the normal breathing or circulation of the blood of a family or household member or of a person with whom he or she is in a dating relationship, so as to create a risk of or cause great bodily harm by applying pressure on the throat or neck of the other person or by blocking the nose or mouth of the other person. This paragraph does not apply to any act of medical diagnosis, treatment, or prescription which is authorized under the laws of this state.
  • (2)(b) As used in this subsection, the term:
    • 1. “Family or household member” has the same meaning as in s. 741.28.
    • 2. “Dating relationship” means a continuing and significant relationship of a romantic or intimate nature.
    • (3) A person who commits felony battery or domestic battery by strangulation commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
784.048 Stalking; definitions; penalties.—

  • (1) As used in this section, the term:
    • (a) “Harass” means to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose.
    • (b) “Course of conduct” means a pattern of conduct composed of a series of acts over a period of time, however short, which evidences a continuity of purpose. The term does not include constitutionally protected activity such as picketing or other organized protests.
    • (c) “Credible threat” means a verbal or nonverbal threat, or a combination of the two, including threats delivered by electronic communication or implied by a pattern of conduct, which places the person who is the target of the threat in reasonable fear for his or her safety or the safety of his or her family members or individuals closely associated with the person, and which is made with the apparent ability to carry out the threat to cause such harm. It is not necessary to prove that the person making the threat had the intent to actually carry out the threat. The present incarceration of the person making the threat is not a bar to prosecution under this section.
    • (d) “Cyberstalk” means to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose.

  • (2) A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking, a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
  • (3) A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person and makes a credible threat to that person commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  • (4) A person who, after an injunction for protection against repeat violence, sexual violence, or dating violence pursuant to s. 784.046, or an injunction for protection against domestic violence pursuant to s. 741.30, or after any other court-imposed prohibition of conduct toward the subject person or that person’s property, knowingly, willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  • (5) A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks a child under 16 years of age commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  • (6) A law enforcement officer may arrest, without a warrant, any person that he or she has probable cause to believe has violated this section.
  • (7) A person who, after having been sentenced for a violation of s. 794.011, s. 800.04, or s. 847.0135(5) and prohibited from contacting the victim of the offense under s. 921.244, willfully, maliciously, and repeatedly follows, harasses, or cyberstalks the victim commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  • (8) The punishment imposed under this section shall run consecutive to any former sentence imposed for a conviction for any offense under s. 794.011, s. 800.04, or s. 847.0135(5).
  • (9)(a) The sentencing court shall consider, as a part of any sentence, issuing an order restraining the defendant from any contact with the victim, which may be valid for up to 10 years, as determined by the court. It is the intent of the Legislature that the length of any such order be based upon the seriousness of the facts before the court, the probability of future violations by the perpetrator, and the safety of the victim and his or her family members or individuals closely associated with the victim.
  • (b) The order may be issued by the court even if the defendant is sentenced to a state prison or a county jail or even if the imposition of the sentence is suspended and the defendant is placed on probation.

More About Domestic Violence & Domestic Battery

Fact finding and witness location immediately post arrest is important to being found not guilty.

Often a well-worded letter drafted by me explaining your version of the event and enclosing sworn witness statements will convince the prosecutor to “drop” your criminal prosecution. I am skilled at presenting your testimony and evidence persuasively. I know how to cross examine your spouse, your “ex” and their witnesses so a jury will not consider them credible or find you guilty based on false evidence presented by them.

Affordable Domestic Violence & Domestic Battery Adult & Juvenile Criminal Defense

My domestic violence and domestic battery fees start at $750. Juvenile fees may be less. Call now to discuss the facts of your case and my low down, pay-as-you-go fees.

Contact Attorney Robert M. Marasco

Rockledge Law Office

Marasco Law Office
208 Hardee Lane
Rockledge, Florida 32955
(P) (321) 631-3476

Cocoa Law Office

Marasco Law Office
550 South Cocoa Blvd
Cocoa, Florida 32922
(P) (321) 433-3476

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