What does a domestic battery conviction carry in Florida?

"Domestic battery" is not a separate crime in Florida's statutes. It is a battery, defined in section 784.03, committed by one family or household member against another, which makes it a "crime of domestic violence" under section 741.28. That label is what brings in the extra penalties below. How Mr. Mead defends these charges is on our domestic violence defense page. The general rules for battery charges are on our assault and battery defense page.

How is a domestic battery sentence put together, step by step?

1. The charge. Battery is intentionally touching or striking someone against his or her will, or intentionally causing bodily harm (s. 784.03(1)(a)).
2. The degree. A first battery is a first-degree misdemeanor; a battery after one prior battery conviction is a third-degree felony (s. 784.03(1)(b), (2)).
3. The outcome. A finding of guilt, a withheld adjudication or a no contest plea each trigger probation and the intervention program (s. 741.281).
4. Minimum jail. If the person is adjudicated guilty and intentionally caused bodily harm, a mandatory minimum county jail term applies (s. 741.283).
5. Costs. A $201 surcharge is added to any other sanction (s. 938.08).
6. Collateral effects. The record cannot be sealed or expunged, and firearm purchases are restricted (ss. 943.0584, 790.065).

What are the penalties, charge by charge?

The maximums come from ss. 775.082 and 775.083; they are ceilings, not typical sentences. For the "prior conviction" rule in s. 784.03(2), a conviction means a determination of guilt after a plea or trial, even if adjudication was withheld or the plea was no contest. All degrees are compared side by side in our chart of Florida criminal penalties.

The same charges between people who are not family or household members are compared in assault, battery and aggravated battery in Florida.

When is jail mandatory?

Section 741.283 sets minimum county jail terms when a person is adjudicated guilty of a crime of domestic violence and intentionally caused bodily harm to another person. The court must order the minimum as part of the sentence unless it imposes a nonsuspended state prison term, and it may add probation, community control or more incarceration.

The trigger is an adjudication of guilt. That is one reason the form of a plea matters so much in these cases, as explained in what a withhold of adjudication is, and why it matters.

What about probation and the batterers' intervention program?

Under s. 741.281, a person who is found guilty of, has adjudication withheld on, or pleads no contest to a crime of domestic violence must be ordered to at least 1 year of probation, with attending and completing a batterers' intervention program as a condition. The court may skip the program only if it states on the record why it would be inappropriate, or finds the person does not qualify under s. 741.325. That statute requires a program of at least 29 weeks with 24 weekly sessions, plus intake, assessment and orientation, paid for by user fees from the people who attend, subject to exceptions for publicly funded programs. Missing sessions can lead to a violation, which is covered on our probation violation page.

What happens to the record and to firearms?

• No sealing or expunction. A conviction for assault or battery of one family or household member by another makes the record ineligible for sealing or expunction; here "conviction" includes a withheld adjudication after a guilty or no contest plea (s. 943.0584(1), (2)(f)). Felony battery, strangulation and aggravated battery are on the same list (s. 943.0584(2)(h)). How sealing works for other records is on our records expungement page.
• Buying a gun. FDLE's purchase check blocks anyone convicted of a misdemeanor crime of domestic violence, and anyone with a withheld adjudication on one until 3 years after probation or other conditions end, unless the record was expunged (s. 790.065(2)(a)). Federal law separately bars possession after a misdemeanor domestic violence conviction (18 U.S.C. s. 922(g)(9)).
• Concealed weapons license. A finding of guilt or a withheld adjudication for a misdemeanor crime of violence blocks a license until 3 years after probation or other conditions are met, unless the record was sealed or expunged (s. 790.06(3)(a)). The injunction rules are covered in guns after a Florida injunction.
• Surcharge. The court must impose a $201 surcharge for battery and other listed offenses or any crime of domestic violence, as a condition of any supervision (s. 938.08).

What changes the answer?

• Injury. Great bodily harm turns a battery into felony battery (s. 784.041(1)), and intentionally causing it can make it aggravated battery (s. 784.045).
• Prior record. One prior battery conviction makes the next one a felony (s. 784.03(2)), and the minimum jail terms rise with each offense (s. 741.283).
• Children present. The minimums increase when a child under 16 who is a family or household member was present (s. 741.283(1)(b)). When the child is the one allegedly harmed, see where Florida draws the line between discipline and abuse.
• Pressure on the neck. Impeding breathing or blood flow is a separate felony; see whether domestic battery by strangulation is a felony.
• Adjudication. Minimum jail turns on an adjudication of guilt; probation, the program and the record rules apply even with a withhold.

A worked example

For example, take a hypothetical first-time defendant in Broward charged with misdemeanor battery on a live-in partner after pushing her into a door, leaving a bruise. If the case ended in a plea with adjudication withheld, s. 741.281 would still require at least a year of probation with the batterers' intervention program, the $201 surcharge would apply, and the record could not be sealed. If the same plea instead carried an adjudication of guilt, s. 741.283 would add a minimum of 10 days in county jail if bodily harm was intentionally caused, rising to 15 days if the couple's 8-year-old had been in the room. This is arithmetic from the statutes, not a prediction of any sentence.

Common mistakes people make

• Taking a quick plea at first appearance without knowing the record can never be sealed.
• Assuming a withhold avoids the intervention program; it does not (s. 741.281).
• Treating the $201 surcharge and program fees as optional.
• Not counting a prior battery, which can make a new charge a felony.
• Forgetting the firearm rules when deciding how to resolve the case.

What to do this week

1. Get the charging document and note the exact statute charged.
2. Write down any prior arrests or pleas, including old batteries in any state.
3. Follow every release condition, especially no contact.
4. Gather evidence about injuries, or the lack of them, such as photos and medical records.
5. Do not accept any plea before speaking with a defense attorney about these consequences.

Frequently asked questions

Is domestic battery a felony in Florida?

A first battery is a misdemeanor. It becomes a felony with one prior battery conviction (s. 784.03(2)), with great bodily harm (s. 784.041(1)), with strangulation (s. 784.041(2)) or as aggravated battery (s. 784.045).

Is jail mandatory for a first domestic battery?

Only if the person is adjudicated guilty and intentionally caused bodily harm; then the minimum is 10 days, or 15 days if a child under 16 in the household was present (s. 741.283).

How long is the batterers' intervention program?

At least 29 weeks, including 24 weekly sessions plus intake, assessment and orientation (s. 741.325(1)(c)).

Can a domestic battery be sealed if adjudication was withheld?

No. For this rule a withheld adjudication after a guilty or no contest plea counts as a conviction, and domestic assault and battery are on the ineligible list (s. 943.0584).

What if I break the no-contact order while the case is pending?

Willfully violating a release condition after a domestic violence arrest is a separate first-degree misdemeanor, and the person is held until first appearance again (s. 741.29(7)). If an injunction is also in place, contact can be charged under s. 741.31 as well; see the penalty for violating an injunction.

Can the charge be dropped if my partner does not want to go forward?

The State decides; see whether the alleged victim can drop domestic violence charges.

How can Mr. Mead help?

Mr. Mead's practice is devoted entirely to criminal defense, with more than three decades in South Florida courts. In a domestic battery case, the details of the charge, the injury and the form of any resolution decide which of the consequences above apply, so they are worth understanding before any decision. What happens in the first days is covered in what happens after a domestic violence arrest. The office is in Boca Raton, Spanish and Portuguese are spoken, and you can call 24 hours.

Every case is different, and no result can be promised. If you are charged with domestic battery, a confidential call to (561) 362-6677 is a sound first step.

Request a Call Back