DOMESTIC VIOLENCE (ASSAULT)
FACT: Acts of domestic violence occur every 15 to 18 seconds in the United States.
Domestic Assault is an assault committed against an adult or child as follows: Current or former spouses, cohabitants (dating or sexual partners), blood or adoptive relatives, current or former relatives by marriage, adult or minor children of the aforementioned individuals.
Domestic violence is becoming a far too common crime nowadays. It can be found in urban, suburban and rural America. It is seen in rich and poor neighborhoods. It happens among white, black, Hispanic and Asian races. It seems to know no boundaries. Every day when you turn on the news, open your daily newspaper or view the internet, etc., there is some mention of domestic violence happening. So, now, what is being done about this vicious crime? Penalties for domestic assault are the same as for regular assault – a Class A misdemeanor.
Tennessee Code Annotated § 40-35-111(e)(1): Class A misdemeanor, not greater than eleven (11) months, twenty-nine (29) days or a fine not to exceed two thousand five hundred dollars ($2,500), or both, unless otherwise provided by statute.
Alabama Code § 13A-5-7(a): Sentences for misdemeanors shall be a definite term of imprisonment in the county jail or to hard labor for the county, within the following limitations:
(1) For a Class A misdemeanor, not more than one year.
Florida Statute § 741.28: If a person is adjudicated guilty of a crime of domestic violence, as defined in s. 741.28, and the person has intentionally caused bodily harm to another person, the court shall order the person to serve a minimum of 5 days in the county jail as part of the sentence imposed, unless the court sentences the person to a nonsuspended period of incarceration in a state correctional facility. This section does not preclude the court from sentencing the person to probation, community control, or an additional period of incarceration.
Another FACT: Most domestic violence cases are never reported.
