Domestic Violence Assault and Battery Charge - how much jail time?

Asked about 4 years ago - Daytona Beach, FL

My significant other was involved in a dispute with a family member about a week ago. The family member had a gun out (I guess for protection) so my boyfriend got very upset and pushed the family member a couple times and was yelling at him. There was no actual/serious/apparent injury to the family member. He's now in jail, He got a Domestic Battery and a Domestic violence assault. He just got out a month ago for Violation of probation..His other family member is stating that he can get 5-15 years is this true?? Everything i've read basically says up to a year or so for each charge? We have a child together..Can someone please help me understand this a little better?

Attorney answers (3)

  1. Michael D. Fluke


    Contributor Level 15

    Answered . If your boyfriend was unarmed and assuming the battery was not on a pregnant person, an elderly person or public official such as law enforcement, Battery is a misdemeanor of the first degree carrying up to 1 year in jail. It can be charged as a third degree felony if your boyfriend has prior battery charges. Assault is a second degree misdemeanor carrying up to 60 days in jail. I suggest you consult with a local Criminal Defense attorney to discuss the facts in greater detail and learn your boyfriend's options. He may have some valid self defense claims. Good luck.

  2. Dominick Christopher Russo

    Contributor Level 12

    Answered . Is he still on probation? If so, there would be a new VOP.

    If this is just a new charge, and these new charges are misdemeanors, he could face up to a year jail for the battery, and 60 days jail on the assault.

  3. Corey Ira Cohen


    Contributor Level 16

    Answered . If he is charged with a misdemeanor battery than it is up to a year, if he has any prior batteries or is being charged with a felony battery than he can get between 5-15 depending on the charge. I would advise you to speak with an attorney asap to get more information.

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