Thomas C. Grajek | December 26, 2025 | Domestic Violence
Domestic violence charges in Florida can range from misdemeanors to serious felony offenses. The exact classification will ultimately depend on the facts of the case, including the level of injury involved, whether a weapon was used, and whether the defendant has any prior convictions.
Note that, however, a mere accusation of this kind of behavior can have lasting consequences. That’s why it’s important to have a firm grasp on how Florida defines domestic violence and what a conviction could mean for your future.
How Florida Defines Domestic Violence
Under Florida Statutes § 741.28, domestic violence includes a wide range of criminal offenses committed by one household or family member against another.
Common offenses that fall under domestic violence include:
- Assault
- Battery
- Stalking
- Sexual assault
- Kidnapping
In short, the term “domestic violence” refers not to a single charge, but to the relationship between the accused and the alleged victim. The underlying offense generally determines whether the charge is a misdemeanor or a felony.
When Domestic Violence Becomes a Felony
Many domestic violence cases in Florida begin as misdemeanors, such as simple battery. However, certain factors can elevate those charges to felonies.
Aggravated Battery and Aggravated Assault
If the defendant uses a deadly weapon or causes serious bodily injury, the case becomes much more serious. Aggravated assault is a third-degree felony, punishable by up to five years in prison, while aggravated battery is a second-degree felony, carrying up to 15 years in prison.
Strangulation
Under Florida Statutes § 784.041(2)(a), intentionally impeding someone’s breathing or blood circulation by applying pressure to their neck or blocking their nose or mouth constitutes domestic battery by strangulation. This is a third-degree felony offense.
Repeat Offenses
If someone has prior domestic violence convictions, a new charge can be prosecuted as a felony. The court may also impose mandatory minimum sentences and longer probation periods.
Serious Injury or Use of a Weapon
Any act causing great bodily harm or involving a weapon typically elevates a misdemeanor domestic battery to a felony-level offense.
Penalties for Felony Domestic Violence in Florida
Felony domestic violence carries severe penalties that go far beyond potential jail time.
Depending on the charge, consequences may include:
- Lengthy prison sentences, ranging from five years to life, for certain extreme circumstances
- Loss of firearm rights, under both state and federal law
- Mandatory batterers’ intervention programs
- Restraining orders and no-contact conditions
These charges can also lead to severe collateral consequences, like difficulty finding housing and employment opportunities.
What Defenses Are Available to Domestic Violence Charges?
Not every allegation of domestic violence is true or legally valid.
A skilled defense lawyer can evaluate your case for possible defenses, such as:
- Lack of evidence
- Inconsistent witness statements
- Self-defense
- Defense of others
- False accusations
- No intent to cause harm
- Mutual combat situations
The prosecution must meet a heavy burden of proof to convict you, so don’t lose hope about what’s to come just because you’ve been accused of domestic violence.
Contact the Lakeland Criminal Defense Lawyer at Grajek Criminal Defense Attorneys for Help Today
Domestic violence cases, especially those based on felony offenses, can have serious personal and legal consequences. However, every case is different at the end of the day, and early legal representation can make a significant difference in the outcome.
For more information, contact the Lakeland Domestic Violence attorneys at Grajek Criminal Defense Attorneys for a free consultation. We serve all areas in Lakeland, Polk County, and throughout Florida.
Visit our convenient location:
Grajek Criminal Defense Attorneys
112 E Poinsettia St
Lakeland, FL 33803
(863) 688-4606