New Port Richey, Florida – a news report posted on suncoastnews.com reports that the Pasco County Sheriff's office has announced an arrest of a 36-year-old man who allegedly committed one count of domestic battery and one count of child abuse. The Pasco County Sheriff's Office media release states that the man's arrest occurred two days after the Pasco County Sherriff's deputies investigated the suspect for domestic battery and child abuse.
The news report states that the victims of domestic battery included an adult female and a six-year-old child. According to the report, the three individuals reside inside the same home.
Criminal investigators stated that the suspect knowingly and intentionally pushed the woman down inside their home and then smashed the woman's hand in a door several times, causing visible hand injuries. The incident report also states that while the woman's hand was stuck in the door, her child witnessed the suspect kicking the woman. The six-year-old then allegedly jumped onto the suspect and attempted to get the suspect to free his mother out from the door. The rest report states that the suspect then pushed the child into a dresser and caused a child to sustain a facial injury on his right cheek. The child explains to Criminal investigators that he had a well from when the suspect use the car charger to hit him across the face. The child also stated that he had seen the suspect throw the charger at his mother.
As law enforcement officers investigated the abuse allegations, the investigators noted the consistency in the woman and her child's statements and visible injuries to both victims. This evidence leads the investigators to develop probable cause for child abuse and domestic battery.
The suspect's arrest came after Pasco County Sheriff's deputies were told that the woman and the suspect started to have a verbal argument, and the suspect went out to the backyard to shoot guns.
The arrest report states that the suspect "eventually surrendered peacefully, "and he was arrested for probable cause related to the previous domestic battery and child abuse incidents. The suspect did not receive any further criminal charges.
What is domestic battery?
According to statute section 7 for 1.28, domestic battery is defined as the intentional touching or hitting upon another person without consent or the intentional causing bodily injury to someone else who is a household or family member. A family member or household member is defined in the state of Florida as a:
- Relative by blood or marriage
- Individuals living as a family
- A couple who have a child but are not married
- People who have resided together as a family in the past
The penalties for domestic battery in Florida
In Florida, domestic battery is charged as a first-degree misdemeanor in most cases. The penalties include up to one year in jail or 12-months worth of probation, plus a $1000 fine.
Often times a judge will require that a domestic abuser receive the following additional Penalties in accordance with Statute 714:
- Community service
- Loss of gun rights
- Completion of a Batterer's Intervention Program
- An order of protection, protective injunction, or no-contact order
If an individual has been convicted of sexual battery in Florida, he or she is ineligible to have their domestic violence charges sealed or expunged.
Common defenses to domestic battery charges
Domestic violence allegations are serious and are often used by the "accuser" to control or punish an innocent spouse or partner. In some cases, the accuser falsely accuses another of domestic violence in order to gain an advantage in a divorce proceeding or child custody hearing. Fortunately, there are several different defenses that can be used effectively to reduce or beat a domestic violence criminal charge. The following are just a few of such defenses:
- Lack of injuries
- Stand your ground
- Defense of others
- Defensive property
The best way to defend yourself against domestic violence charges is to begin an early defense strategy. As the saying goes, the best defense is a strong offense. In many cases, preparing to vigorously defend yourself in a criminal trial can be effective in having criminal charges diverted, reduced, or even dropped.
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