Florida Domestic Violence Penalties (2026)

Domestic violence, domestic battery, and related charges charges in Florida: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing domestic violence charges in Florida, consult a licensed Florida criminal defense attorney.

Florida Domestic Violence Penalties

OffensePenalty
First Offense1st degree misdemeanor: up to 1 year jail, $1,000 fine
Second Offense3rd degree felony: up to 5 years prison

FL Stat. §741.28; mandatory arrest; minimum 5 days jail if bodily harm; no drop policy

Domestic Violence Statute of Limitations in Florida

In Florida, the statute of limitations for domestic violence is generally 3 years for assault-type offenses. Murder and certain violent crimes have no statute of limitations in Florida.

See all Florida statutes of limitations →

Defending Against Domestic Violence Charges in Florida

Common defenses in Florida domestic violence cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a Florida criminal defense attorney for advice.

Related Florida Laws

DUI / DWI Marijuana Possession Theft / Larceny Assault Drug Possession Burglary Robbery Fraud Trespassing Disorderly Conduct Vandalism Hit and Run Illegal Weapons Possession Drug Trafficking Prostitution Shoplifting Reckless Driving Forgery Kidnapping Arson Stalking Embezzlement Money Laundering Public Intoxication