When Does a Threat Become Domestic Violence in Fort Myers?

If your spouse or partner feels endangered by your conduct, you could potentially face domestic violence charges in Fort Myers. This is true even if you never physically contact the other person. But what exactly “counts” as a threat in this scenario? Can you really face criminal charges for something that the other person felt threatened by, even if you meant no harm? This is a conversation you might want to have with an experienced criminal defense attorney.

“Assault” on a Household Member Is Domestic Violence in Fort Myers 

As long as your conduct meets the definition of assault or aggravated assault under Florida law and the other person is a household member or family member, you could face domestic violence charges in Fort Myers.

In Florida, assault involves threats rather than physical contact. Once an assault is actually carried out, it becomes “battery.” In order to face charges for assault in Florida, you must intentionally utter a threat or act in a threatening way toward someone. You must also have the “apparent ability” to carry out the threat, and the other person must have a “well-founded fear” that harm is going to happen. If you use a deadly weapon, you could face aggravated assault charges.

Examples of Threats That Could Lead to Domestic Violence Charges in Florida 

Threats can be subtle or overt. A more obvious threat might involve a spouse telling another spouse that they are going to hurt them. A less obvious threat might involve a girlfriend cleaning her handgun in a threatening manner while maintaining eye contact with her boyfriend.

Note that the definition of “deadly weapon” is quite broad in Florida. A spouse might face aggravated assault charges for revving their engine and lurching toward someone before slamming on the brakes. A vehicle is an example of a “deadly weapon” under Florida law.

A spouse might interpret virtually anything as a threat, as long as it causes them to have a “well-founded fear” of harm. Some might feel this fear because of the way their ex used a steak knife while eating dinner. However, these feelings do not necessarily lead to criminal charges or convictions.

How Do I Defend Against Domestic Violence Charges for Threats? 

To defend against domestic violence charges based on alleged assault, consider targeting the elements of the offense. You might argue that you never intended to threaten the other person. You might also argue that you had no apparent ability to carry out the threat. Another option is to argue that the other person’s alleged fear was not “well-founded.” Finally, you could contend that the potential harm was not imminent.

Can a Fort Myers Domestic Violence Defense Lawyer Help Me? 

Even if you never came into physical contact with the other person, you could still face domestic violence charges. If you find yourself in this situation, you might want to contact an experienced criminal defense attorney in Fort Myers as soon as possible. With their help, you can utilize an effective defense strategy and fight confidently for your rights. Contact The Foley & Wilson Law Firm today to learn more about the next potential steps.

Sources: 

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/Sections/0741.28.html

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0784/Sections/0784.011.html