Defending Criminal Offenses Involving Domestic Violence
- McMann, P.A.
- Apr 2
- 2 min read
Updated: Apr 6
Florida legislation has grown more stringent regarding domestic violence.
Criminal Offenses Involving Domestic Violence
In Florida, domestic violence can involve various criminal acts, each carrying specific legal consequences and potential punishments. Section 741.28 of the Florida Statutes lists criminal offenses related to domestic violence.
Florida statutes detail various domestic violence offenses, such as “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.”
Aggravated Assault in a Domestic Violence Case
Under Florida law, domestic violence aggravated assault is a heightened type of assault charge that involves either the use of a deadly weapon OR an intent to commit a felony. This broad statute means that even non-violent offenses can fall under the umbrella of domestic violence if they occur between individuals with a familial or household relationship.
An intentional and unlawful threat to do violence to another person;
With the apparent ability to carry out that threat;
Creating a well-founded fear in the victim that violence is imminent;
AND involving a deadly weapon OR an intent to commit a felony.
In a domestic violence context, this often involves additional charges like battery,
sexual battery, aggravated stalking, or false imprisonment.
Key Case Law: Larkins v. State (Fla. 1st DCA 1985)
In Larkins v. State, 476 So. 2d 1383 (Fla. 1st DCA 1985), the court clarified that to convict someone of aggravated assault, the State does not need to prove actual physical harm or intent to injure—only an intent to threaten violence and the reasonable perception of danger by the alleged victim. This precedent allows prosecutors to pursue charges even in cases without physical contact.
How Prosecutors Prove Intent
Intent to commit a felony in domestic violence aggravated assault cases can be proven through:
Direct statements made by the accused before or during the incident;
Electronic communications (texts, emails, calls);
Witness testimony indicating violent or criminal intent;
Surveillance footage or recordings showing actions aligned with a felonious purpose.
The Stakes Are High in Domestic Violence Cases
Convictions can result in:
Mandatory jail or prison time;
No-contact orders or restraining orders;
Loss of gun rights under both state and federal law;
Mandatory counseling programs;
Loss of child custody or visitation rights;
Permanent criminal record impacting jobs, housing, and licenses.
Defending Domestic Violence Allegations
At McMann, P.A., we thoroughly investigate each case, interview witnesses, review evidence, and challenge the prosecution’s narrative.
Common defenses may include:
False accusations made out of revenge, jealousy, or custody disputes;
Lack of intent to threaten;
Acting in self-defense;
Insufficient evidence to prove all elements beyond a reasonable doubt.
If you’ve been arrested for domestic violence in Polk County, Florida, or anywhere in the Tenth Judicial Circuit, you need an experienced criminal defense attorney who understands how to defend these serious accusations.
Florida’s laws are strict on domestic violence, and the consequences can affect your freedom, employment, family, and reputation. At McMann, P.A., we are committed to aggressively defending clients charged with domestic battery, aggravated assault, and other domestic violence-related offenses.
Mark D. McMann
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