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Florida Domestic Violence Law

Florida Domestic Violence Penalties, 741.28; 741.283

What you are facing under 741.28; 741.283, how the penalties scale, and the questions an attorney needs to answer — under Florida (FL) domestic-violence law.

Florida (FL) — Domestic Violence

Offense class: 1st Degree Misdemeanor minimum (domestic battery); escalates with underlying charge

Incarceration

5 days county jail (if great bodily harm inflicted or prior DV conviction) – Depends on underlying charge

Maximum Fine

Depends on underlying charge

Offense Class

1st Degree Misdemeanor minimum (domestic battery); escalates with underlying charge

What this costs

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Mandatory minimum: 5 days county jail if great bodily harm inflicted, deadly weapon used/threatened, or prior DV conviction

What this means

Plain language

A sentence the judge cannot go below, no matter the facts. A charge reduction is the usual way out.

⚠

Federal firearms ban (

Lautenberg Amendment

Plain language

A federal law (18 U.S.C. § 922(g)(9)) that bans gun possession after a misdemeanor domestic-violence conviction — separate from state penalties.

)

A misdemeanor domestic-violence conviction in Florida triggers a federal firearms-possession ban under 18 U.S.C. § 922(g)(9). This applies on top of any state sentence, no matter how the Florida case ends.

Florida Domestic Violence Penalty Range

FactorDetail
Statute741.28; 741.283
OffenseDomestic Violence
Class1st Degree Misdemeanor minimum (domestic battery); escalates with underlying charge
Incarceration5 days county jail (if great bodily harm inflicted or prior DV conviction) – Depends on underlying charge
Maximum fineDepends on underlying charge
Mandatory minimum5 days county jail if great bodily harm inflicted, deadly weapon used/threatened, or prior DV conviction

Penalty Enhancements

Additional factors that can increase the sentence under Florida law.

  • Child present during incident (mandatory BIP counseling)
  • Prior domestic violence conviction (mandatory 5-day jail minimum)
  • Violation of injunction (separate criminal charge)

Florida note: Mandatory arrest in Florida (§ 741.2901) — officer must arrest if probable cause exists regardless of victim's wishes. No-contact order automatic upon arrest. Prosecutor can proceed without victim cooperation.

What you're afraid of

Florida domestic violence defendants tell us they're afraid of four things. Here's how we address each.

Every citation in your report links back to a real CourtListener URL or a real state statute page. Your attorney can verify everything in under five minutes. We sit alongside your attorney — we don't replace them.

  • What if I take the wrong plea — or the wrong sentence?

    Most defendants take the first plea offered. We pull the comparable cases in your district and your judge's prior rulings, so you can see what the floor actually is before deciding.

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  • What if my attorney isn't actually listening — or preparing?

    Most defendants leave their attorney's office with more questions than they came in with. Not because attorneys are bad — the meeting is short and you didn't know what to ask. We hand you the questions, scored against your charge.

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  • I don't even know what I don't know.

    The hardest part of a criminal case is not knowing which questions matter. The Intelligence Brief pulls the most-cited opinions in your district + your charge, mapped to your judge's prior rulings, and surfaces the five questions that move the needle in front of this prosecutor.

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  • What if I bring my attorney a number they dismiss?

    If you bring your attorney a number they can't trace to a source, the conversation is over. Every number in our report is a hyperlink. Your attorney clicks, verifies, and the conversation continues.

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We're not here to replace your attorney. We're here to make sure you walk into their office knowing the right questions to ask.

What you're paying for is the time

Skip the 6-10 hours of reading. We already did it.

Defendants are already doing this work themselves — on r/legaladvice / r/Ask_Lawyers / Avvo Q&A, in Google searches, in the long thread of “what happens if I plead X” questions every public legal-help surface carries. The data is public. The reading is the work.

  • r/legaladvice + r/Ask_Lawyers (source): thousands of 'what happens if I plead X' threads, none of them indexed to your specific charge or your state's statute.

  • Avvo Q&A (source): per-charge plain-language threads, attorney answers gated behind per-minute meters.

  • Your state's official statute site: the actual statute text, the actual sentencing range, the actual enhancement triggers.

We hand you the synthesis — cited, hyperlinked, organized for your charge — for $127.

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Other Florida defense topics

Facing a different charge in Florida? Penalty ranges, enhancements, and defense questions for related crimes:

DUI in FloridaDrug Possession in FloridaAssault in Florida

This page provides legal information — not legal advice — about Florida domestic violence law as of the date of publication. Laws change. Verify current statutes with a licensed attorney in Florida.