Jacksonville Criminal Defense Lawyer Blog
Last month, a Florida woman was arrested for Domestic Battery when she attached her husband… for passing gas in bed. According to huffingtonpost.com, a Florida woman was so offended by her husband passing gas during the wee hours of the morning, that she elbowed him and then, literally “kicked him out” of bed. The husband waited for things to calm down a bit before returning to bed. A second gas-passing episode landed him in more hot water and resulted in more elbows and kicking. The police were eventually called, and the wife, 55 year old Dawn Meikle was arrested.
Although no injuries were reported in this incident, Florida criminal defense lawyers can tell you that domestic violence is taken very seriously. Florida Statute 741.28 defines domestic violence as “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.” In my experience as a Jacksonville criminal defense lawyer, the vast majority of domestic violence incidents are of the misdemeanor variety. They involve minor or no injuries, and are normally between couples. Domestic violence can occur between brothers and sisters, parents and children, or between any other household members living together as a family.
Obviously, the incidents are sometimes more serious. A similar story to this one, also out of Florida, involved a woman throwing a kitchen knife at her boyfriend when he passed gas while standing in front of her. I’ve conjured some pretty rancid gas in my day, but I’ve never been attached for it. I have been yelled at and given the evil eye though.
A person adjudicated guilty of domestic violence, as misdemeanor offense, faces up to a year in the county jail and a minimum of 5 days in the county jail. Probation as a sentence is allowed also. In the majority of cases where there is no history of violence between the parties, probation and a batterers’ intervention course are likely. The course is required whether there is a withhold of adjudication or an adjudication of guilt. For more information, call the Law Office of David M. Goldman, PLLC for a free initial consultation.