Is Domestic Violence a Felony in Florida? What You Need to Know
One moment can change everything. A heated argument, a misinterpreted action, or a serious incident of abuse can trigger a criminal investigation that leads to long-lasting consequences. In Florida, accusations of domestic violence are not taken lightly. Many people wonder, Is domestic violence a felony? The answer depends on the facts of the case, prior history, and the presence of aggravating factors.
In this post, we’ll help you understand what Florida law considers domestic violence, when it becomes a felony, and what to expect if you’re charged. Whether you’re defending yourself against a false allegation or trying to protect your rights as a victim, the guidance of a Miami domestic violence lawyer is critical.
What Is Considered Domestic Violence in Florida?
Under Florida Statute 741.28, domestic violence includes any assault, battery, sexual assault, stalking, kidnapping, or other criminal offense that results in physical injury or death between family or household members. These include spouses, former spouses, relatives by blood or marriage, people who live together or have lived together in the past, and people who share a child in common.
The law is designed to protect individuals within the home or family circle. It applies to various forms of abuse, including physical violence, threats, intimidation, and coercive control. Domestic violence charges are severe because they involve people with close, personal relationships.
In Florida, once a domestic violence incident is reported, law enforcement must file a report and may arrest the accused even without the victim’s consent. From that point on, the case is in the hands of the State Attorney.
Is Domestic Violence a Felony in Florida?
So, is domestic violence a felony? The answer is, it can be. Not all domestic violence cases rise to the level of a felony, but many do, depending on the nature and severity of the offense.
Domestic violence becomes a felony when:
- There is a previous conviction for a domestic violence offense
- The incident results in serious bodily injury
- A weapon was used during the offense
- The act involved strangulation or suffocation
- The accused violated a protective injunction or restraining order
When any of these factors are present, the charge is elevated from a misdemeanor to a felony, which carries much more severe consequences.
Additionally, if the victim is pregnant or if a child witnesses the incident, the court may enhance the penalties.
Knowing when domestic violence is a felony can help you understand what’s at stake. Felony charges may result in prison time, loss of firearm rights, mandatory counseling, and a permanent criminal record.
Misdemeanor vs. Felony Charges: What’s the Difference?
Understanding the difference between a misdemeanor and a felony domestic violence charge is crucial. A misdemeanor is generally considered a less severe offense. It may result in up to one year in county jail, probation, mandatory anger management classes, and a restraining order.
Felony charges, on the other hand, can lead to:
- Prison time ranging from 5 to 30 years, depending on the degree
- Permanent loss of civil rights, such as owning firearms or voting
- Long-term protective orders
- Impact on child custody, immigration status, and employment
The law does not treat felony domestic violence lightly. If you face such charges, you must act quickly and seek legal representation from a Miami divorce attorney who understands how criminal and family law intersect in these cases.
Legal Penalties for Felony Domestic Violence in Florida
Felony domestic violence charges can fall into different classifications, each with its penalties:
- Third-degree felony: Up to 5 years in prison and a $5,000 fine
- Second-degree felony: Up to 15 years in prison and a $10,000 fine
- First-degree felony: Up to 30 years in prison and a $10,000 fine
These penalties can be even more severe if the accused has a criminal history, if the victim suffers long-term trauma or injury, or if the offense involves children or vulnerable adults.
Other penalties may include:
- Mandatory batterers’ intervention program
- Loss of custody or time-sharing rights
- Immigration consequences for non-citizens
- Permanent criminal record affecting housing and employment
A family lawyer in Miami can help assess the impact on your parenting rights and work alongside your criminal defense attorney to ensure a unified legal strategy.
Why You Need a Miami Domestic Violence Lawyer Immediately
Whether you face false allegations or have made a mistake you regret, you must act fast. Felony domestic violence cases in Florida move quickly and can escalate even before a court date is scheduled. A conviction can affect your freedom, finances, and relationship with your children.
A skilled Miami domestic violence lawyer can:
- Negotiate with the prosecutor to reduce or dismiss charges
- Challenge the evidence or witness credibility
- Argue against the issuance of restraining orders
- Represent you at bond hearings and trial
- Protect your rights in concurrent family court matters
Domestic violence cases are rarely just about criminal charges. They can influence divorce proceedings, child custody, alimony, and more. That’s why working with a law firm like Bickman Law, which understands both sides of the legal equation, gives you a significant advantage.
Accused or Impacted by Domestic Violence? Call Bickman Law Today
Being accused of domestic violence is serious. So is being a victim in need of legal protection. Bickman Law is prepared to stand by you no matter which side you are on.
With over 15 years of experience, we handle cases involving felony domestic violence with the utmost care, urgency, and strategic focus. Our attorneys understand that these cases involve complex emotions and high stakes. We work closely with clients to build clear defenses or secure the necessary safety measures.
Our team is ready to respond from the moment you call. We are available 24/7, speak Spanish, and are located in the historic City Hall in Miami Beach.
Contact us today—let us protect your rights, your freedom, and your future.
Frequently Asked Questions
- Is domestic violence a felony in Florida?
Yes. Domestic violence is a felony in Florida when the incident involves serious injury, weapons, prior offenses, or violations of protective orders.
- What determines if a domestic violence charge is a misdemeanor or a felony?
Factors include the severity of injury, use of weapons, prior convictions, and other aggravating elements like strangulation or pregnancy of the victim.
- Can domestic violence charges be dropped?
Possibly. The decision lies with the State Attorney, not the victim. A lawyer can present evidence or arguments to encourage dismissal.
- Will a felony conviction affect my custody rights?
Yes. A felony domestic violence conviction can limit or terminate your custody rights. A family lawyer in Miami can help you defend your parenting position.
- What should I do if I’m falsely accused of domestic violence?
Do not speak to police without an attorney. Contact a Miami domestic violence lawyer immediately to protect your rights and begin building your defense.