The Consequences of a Domestic Violence Conviction in Miami

Feb 3, 2024 | Domestic

Consequences depend on the charged offense and facts. Florida’s domestic violence definition is broad, but it is not a single crime with one universal sentence.

Florida Statutes § 741.28 defines domestic violence by specified acts involving family or household members. The underlying charge, such as battery, determines the offense elements and ordinary penalty range. A criminal case can also involve release conditions, and a separate civil injunction may be sought under its own procedure. An injunction is not automatically issued because of every conviction.

Sentencing provisions to review

Under § 741.283, a person adjudicated guilty of a crime of domestic violence who intentionally caused bodily harm may face a statutory minimum county jail term: 10 days for a first offense, 15 for a second, and 20 for a third or later offense, subject to the statute’s terms and an applicable state-prison sentence. Other circumstances, including a qualifying incident in a child’s presence, can affect the minimum. It is inaccurate to assume every domestic violence charge requires this jail term.

Section 741.281 also addresses probation and a batterers’ intervention program for specified findings or pleas, with statutory exceptions. The actual judgment, charge, and effective law must be reviewed before advising on sentence. Fines, probation, and restitution can also depend on the offense and order.

Effects beyond the sentence

A qualifying misdemeanor crime of domestic violence can trigger a federal firearm prohibition, and other state restrictions or injunction terms may apply. Employment, licensing, immigration, and parenting proceedings may also be affected, but none has a universal result. A family court considers its own standards for children. Do not assume that a criminal charge automatically removes custody or that a dismissal automatically ends an injunction.

Before deciding whether to plead, review the precise offense, prior record, sentencing statute, firearm consequences, and any civil order with counsel.

This is general information, not legal advice. Outcomes and applicable statutory versions depend on the case.