What You Need to Know From a Florida Domestic Violence Attorney

Domestic violence charges in Florida carry serious consequences, and many people are shocked to learn how easily a misdemeanor accusation can escalate to a felony. I’ve represented people who were arrested after a single argument with a spouse, partner, or roommate—people who never expected to see the inside of a jail cell. The truth is, Florida law treats domestic violence as a criminal offense with long-term penalties, even before a conviction.

Whether it’s a first-time allegation or a repeat accusation, the way your case is charged and prosecuted can change your life. The penalties go far beyond jail time. They can affect your job, housing, firearm rights, and even your ability to see your children. If you’re being accused of domestic violence, you need an experienced defense strategy to fight back.

How Florida Defines Domestic Violence

Under Florida Statutes § 741.28, the term “domestic violence” refers to any of the following acts committed by one family or household member against another:

  • Assault or aggravated assault

  • Battery or aggravated battery

  • Sexual assault or sexual battery

  • Stalking or aggravated stalking

  • Kidnapping or false imprisonment

  • Any criminal offense resulting in physical injury or death

The law applies to spouses, former spouses, people related by blood or marriage, individuals living together as a family (or who have previously lived together), and people who share a child in common, regardless of whether they have ever lived together.

Florida law is extremely broad in who qualifies as a “household member.” That means a verbal argument between roommates or a dispute with the other parent of your child can quickly lead to a domestic violence arrest.

Is Domestic Violence a Felony in Florida?

Whether domestic violence is charged as a felony depends on the specific allegations and circumstances. Many domestic violence charges begin as misdemeanors, but they can be filed as felonies under certain conditions.

For example:

  • Simple battery under Florida Statutes § 784.03 is usually a first-degree misdemeanor. But if the accused has a prior battery conviction, it becomes a third-degree felony.

  • Aggravated battery under § 784.045 is always a second-degree felony.

  • Strangulation of a family or household member is a third-degree felony under § 784.041(2)(a).

  • Aggravated stalking under § 784.048(3) is a third-degree felony when directed at someone protected by a restraining order.

  • False imprisonment is a third-degree felony under § 787.02, but can rise to a second-degree felony if a weapon is involved.

Even if no physical injury occurred, if the prosecution claims that you attempted to cause harm or used a deadly weapon, the charge can be escalated to a felony.

Florida Statutes Related to Domestic Violence Felonies

Here are a few relevant statutes you should understand:

Florida Statutes § 784.03(1)(b):

"A person who has one prior conviction for battery, aggravated battery, or felony battery, and who commits a second or subsequent battery, commits a felony of the third degree."

Florida Statutes § 784.041(2)(a):

"A person commits felony battery if he or she actually and intentionally touches or strikes another person against the will of the other and causes great bodily harm, permanent disability, or permanent disfigurement."

Florida Statutes § 741.283:

"If a person is adjudicated guilty of a crime of domestic violence, as defined in § 741.28, and the person has intentionally caused bodily harm to another person, the court shall order the person to serve a minimum of 5 days in county jail as part of the sentence imposed."

These laws demonstrate how quickly a misdemeanor can become a felony and how prosecutors in Florida are encouraged to pursue tough penalties.

Why You Need a Private Attorney

If you’re facing a domestic violence charge, the stakes are far too high to take chances. The police often make arrests based on one person’s word, with little to no physical evidence. Prosecutors will then aggressively pursue the case, even if the alleged victim later wants to drop the charges.

A private criminal defense attorney has the time and resources to investigate what actually happened. I interview witnesses, review text messages, video footage, 911 calls, and social media, and build a defense that challenges the narrative the State is trying to push.

Public defenders are often overwhelmed with large caseloads. They may not be able to challenge a felony upgrade or fight for alternative sentencing. When you hire us, you get a defense tailored to your situation, with one goal—protect your rights and your future.

Real Case Example: Charges Reduced and Record Cleared

I represented a man who was arrested for domestic battery after his girlfriend called the police during an argument. She later admitted she was drunk and angry, but the State still moved forward. He was originally charged with a misdemeanor, but the prosecution claimed he had “pushed her into a wall,” which they argued made it a felony due to “great bodily harm.”

We filed a motion to dismiss, arguing there was no independent evidence to support the upgraded charge. No medical reports, no bruising, and even the alleged victim admitted nothing serious happened. After cross-examining the arresting officer at a pretrial hearing and highlighting the inconsistencies, the felony was dropped.

We secured a plea to a non-violent misdemeanor with no jail time, and after a successful probation term, we expunged his record. That client kept his job, his home, and his clean record—and that outcome would have never happened without strong private legal defense.

Defenses to Domestic Violence Charges

Every case is different, but several legal defenses can apply to both misdemeanor and felony domestic violence allegations:

  • Self-defense or defense of others: You were protecting yourself or someone else from harm.

  • False accusation: The allegation was fabricated out of jealousy, revenge, or to gain leverage in a custody dispute.

  • Lack of intent: The contact was accidental, not intentional.

  • Mutual combat: Both parties were involved, and you did not initiate the altercation.

  • Lack of evidence: No witnesses, injuries, or independent proof of wrongdoing.

  • Violation of due process: The police made errors during the arrest or investigation.

With felony cases, it becomes even more critical to challenge every element. The prosecution must prove not only that a crime occurred, but also that it meets the legal threshold for a felony—such as serious injury, use of a weapon, or prior convictions. We know how to dissect their case and expose the flaws.

Why Prosecutors Push for Felony Charges

In Florida, prosecutors often pursue felony charges aggressively for two reasons:

  1. Political pressure: Domestic violence cases are heavily scrutinized by the media and advocacy groups.

  2. Plea leverage: Prosecutors use felony charges to pressure defendants into pleading guilty to lesser charges.

But you are not required to accept a plea deal simply because the State wants to appear tough on crime. If the facts don’t support a felony, we fight back. That may mean filing a motion to reduce the charge, suppressing evidence, or taking the case to trial.

You have options. You have rights. You have defenses.

Penalties for Felony Domestic Violence in Florida

Depending on the charge and degree of felony, you could be facing:

  • 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.

In addition, if you are convicted of domestic violence—whether misdemeanor or felony—you face:

  • Mandatory 26-week Batterer’s Intervention Program

  • Loss of firearm rights under federal law

  • Permanent criminal record

  • No sealing or expungement eligibility

  • Potential immigration consequences

  • Difficulty finding employment or housing

These penalties follow you for life. The only way to avoid them is to fight the charge with a strong, experienced legal defense.

Florida Domestic Violence Attorney – FAQs

Is every domestic violence charge a felony in Florida?
No. Many domestic violence charges are misdemeanors, especially if it’s a first offense with no serious injury or weapon involved. However, the charge can become a felony if there’s prior history, severe harm, or other aggravating factors.

Can a domestic violence charge be dropped if the alleged victim wants to?
Not automatically. In Florida, the State Attorney’s Office—not the victim—decides whether to prosecute. Even if the alleged victim wants to drop the case, the prosecutor may continue unless we show that the evidence is too weak to proceed.

What if the alleged victim recants their statement?
Recantation can help, but it doesn’t guarantee dismissal. We use it as part of a broader defense strategy, which may also include challenging the credibility of the original statement and the physical evidence.

Can I still be charged with a felony if no weapon was used?
Yes. Felony charges can be based on the level of injury, prior convictions, or certain types of conduct like strangulation. You don’t have to use a weapon for the State to file felony charges.

Can I be arrested without evidence if someone just makes a claim?
Yes. Unfortunately, police in Florida are required to make an arrest if they believe probable cause exists—even if the evidence is only one person’s statement. That’s why it’s critical to have an attorney who can expose the weaknesses in the case.

What are some ways to fight a felony domestic violence charge?
We might file motions to reduce the charge, challenge the evidence, suppress illegally obtained statements, or even take the case to trial. Every defense is built around your unique situation.

Can I still see my kids while the case is pending?
It depends. Some judges issue no-contact orders that prevent you from returning home or seeing your children during the case. We can request modifications to allow supervised visitation or get the order changed, depending on the circumstances.

Can I get a domestic violence felony off my record?
Not if you’re convicted. Florida does not allow sealing or expungement of domestic violence convictions, even if it’s your first offense. That’s why beating the charge or getting it reduced is so important.

Will a felony conviction affect my job?
Yes. A felony domestic violence conviction can disqualify you from many types of employment, professional licenses, and government clearances. Many employers conduct background checks and will not hire someone with this on their record.

Should I talk to the police if I’m accused of domestic violence?
No. You should always consult a private criminal defense lawyer before speaking to police. Anything you say can be used against you, even if you’re just trying to explain what happened. Let your attorney do the talking.

Call a Florida Domestic Violence Attorney Today

If you’re facing a domestic violence charge in Florida, don’t wait for things to get worse. Whether you’re being accused of a misdemeanor or a felony, we can help you fight back, protect your record, and work toward the best possible outcome.

We’ve helped thousands of people throughout the state, and we’re available 24/7 to speak with you confidentially about your case. Don’t risk your future on bad advice or a rushed decision. The right legal defense can make all the difference.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have over 30 office locations throughout all of the state of Florida and serve all counties in Florida including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.