4 Myths About Domestic Battery Charges and Defenses in Florida

If you are facing domestic battery charges, you should be aware of all implications and know what to expect. As the top Pinellas County domestic battery attorneys with Russo, Pelletier & Sullivan, we understand the complexities surrounding domestic battery charges in Florida.

If you’re facing domestic battery charges, it is essential to separate fact from fiction.


Myth 1: Domestic Battery Is the Same as Simple Battery

One of the most prevalent misconceptions is that domestic battery is no different from simple battery. In Florida, domestic battery involves intentionally touching or striking a family or household member against their will, causing bodily harm or the reasonable fear of it. This charge carries severe consequences, including mandatory arrest, “no contact” orders, and potential imprisonment.

Simple battery, on the other hand, may involve battery against any individual and may not necessarily result in mandatory arrest or “no contact” orders.


Myth 2: No Visible Injuries Means No Conviction

Another common myth is that a lack of visible injuries means an automatic acquittal in domestic battery cases. In reality, Florida law does not require physical injuries. A conviction can occur even if no apparent injuries are present, as long as the prosecution can prove that there was an unwanted touching.

Domestic battery cases often hinge on the victim’s testimony, physical evidence, and witness statements, not just the presence of visible injuries.


Myth 3: First-Time Offenders Always Get Leniency

Some people may believe that first-time offenders in domestic battery cases always receive leniency. While being a first-time offender may be a factor considered during sentencing, it does not guarantee a lenient outcome. Florida law takes domestic violence seriously, and penalties can still be severe for first-time offenders, including probation, anger management classes, and a criminal record.

Let your Pinellas County domestic battery lawyer with Russo, Pelletier & Sullivan know of any prior criminal charges immediately.


Myth #4: If the Other Party Does Not Press Charges, It Will Go Away

Contrary to popular belief, the decision to pursue domestic battery charges lies with the prosecutor, not solely with the victim. Even if the victim decides not to press charges or recant their statement, the prosecutor can choose to proceed with the case based on other evidence and witness testimony. The prosecutor’s primary concern is public safety, and they may feel compelled to move forward with the case to protect the alleged victim.

Understanding the reality behind domestic battery charges in Florida is crucial when facing such allegations. The expert Pinellas County domestic battery lawyers with Russo, Pelletier & Sullivan are dedicated to providing you with the most accurate information and the strongest defense possible. Our team has represented hundreds (if not thousands) of individuals charged with domestic battery in our combined three decades of practice.


If you have been charged with domestic battery, request a free consultation with one of our expert Pinellas County domestic battery attorneys or give us a call today at (727) 493-9386.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.