Domestic violence is generally charged as a misdemeanor rather than a felony, unless the incident caused an injury or involved a deadly weapon or a child victim. A pattern of abuse can also elevate domestic violence to a serious crime. The same goes for a violation of a restraining order. All federal domestic violence crimes are felonies.
A third conviction for domestic abuse for battery or a first or second elevated conviction for domestic abuse assault is classified as a felony. The U.S. Attorney's Office will review your case and determine if the previous misdemeanor domestic violence conviction qualifies in accordance with the law. A domestic violence restraining or protective order will prohibit the abuser from contacting the victim or committing further acts of harm or abuse.
Domestic violence can be classified as a misdemeanor when it involves a party who uses, attempts to use, or threatens to use physical force against another member of their household. In addition to the sentences and fines described above, Florida domestic violence law requires that anyone convicted of a domestic violence crime must complete a batterer intervention program. The reason domestic violence can become a criminal matter is because the defendant's violent acts often result in cyclical or recurring incidents of assault and battery; both are criminal offenses. Other states treat domestic violence as an aggravating factor that triggers greater or greater penalties for the underlying violent act.
In self-defense, the defendant may reason that inflicting force or violence is an act to defend himself, another family member or household member from the same violence and force as the accuser. A felony conviction carries significant consequences, including loss of voting rights, and having a felony conviction on a person's record can prevent people from being considered for many jobs and housing opportunities. In a nutshell, the law recognizes domestic abuse assault if someone intentionally commits any force or violence against their family or household member. In fact, domestic violence in Florida applies to situations between any two people who consider themselves members of the family or household.
Alternatively, the prosecutor may charge the defendant with domestic battery in violation of Section 243 (e) of the California Criminal Code PC. Including former partners is important, since domestic violence often doesn't end when a relationship ends. Complaints of domestic violence can also result in a court-ordered protection order that affects your conduct and rights as a parent. Michael Kraut is a former Deputy District Attorney with more than 14 years of tax experience who fights hard on behalf of his clients who are charged with felonies and misdemeanors of domestic violence.
In 1994 and 1996, Congress also passed changes to the Gun Control Act that make it a federal crime in certain situations for domestic violence abusers to possess guns.
