When Domestic Violence Turns Deadly

April 14, 2023 Don Pumphrey, Jr. Criminal Defense, Domestic Violence, News & Announcements, Violent Crimes Social Share

If a person physically harms their intimate partner, they may face charges for domestic violence. Domestic violence is a pattern of violence or abuse in an intimate relationship to gain power or control over the other partner. Domestic violence can take place in any form of relationship, regardless of gender, age, or sexual orientation. Domestic violence can cause long-lasting physical, emotional, or psychological effects on the victim.

In Florida, a person can face additional penalties if they have committed an offense that is considered domestic violence. This page will define domestic violence along with types of domestic violence charges and a recent example case in Florida.

What is Domestic Violence?

The National Coalition Against Domestic Violence (NCADV) defines domestic violence as willful intimidation, physical assault, battery, sexual assault, and/or other abusive behavior. This behavior is seen as a systematic pattern of power and control perpetrated by one intimate partner against another. Domestic violence can include any of the following:

• Physical violence;
• Sexual violence;
• Threats; and/or
• Emotional abuse.

Statistics on Domestic Violence in Florida

According to the NCADV, 1 in 3 women and 1 in 4 men will experience some form of physical violence by their intimate partner. In the U.S. there is an average of 19,159 calls to domestic violence hotlines each day. In addition, the following is a list of domestic violence statistics in Florida from the NCADV:

• 9% of women and 29.3% of men in Florida experience domestic violence in their life;
• There were approximately 105,298 incidents of domestic violence reported to police in Florida during 2019; With 2020 seeing 106,515 incidents.
• In 2019, 221 people in Florida died at the hands of domestic violence. Of those, 42% of the fatalities were murders committed with firearms;
• An estimated 721,000 women in Florida have experienced stalking by an intimate partner; and
• By the end of 2019, Florida has submitted 248 misdemeanor domestic violence and five active protective order records to the NICS Index.

Charges for Domestic Violence in Florida

Florida Statute Section 741.28 defines domestic violence as any of the following offenses, when they result in the physical injury or death of one family or household member by another family or household member:

• Assault
• Aggravated Assault
• Battery
• Aggravated Battery
• Sexual Assault
• Sexual Battery
• Stalking
• Aggravated Stalking
• Kidnapping
• False Imprisonment

The specific charges a person will face for a domestic violence offense will vary depending on the details of the case. Getting convicted of a domestic violence offense does not result in a separate offense, but rather an enhancer if the defendant is convicted of the crime.

The following list has the mandatory minimum jail sentence a defendant will face when found guilty of a domestic violence offense:

• First offense – 10-day mandatory minimum jail sentence;
• Second offense – 15-day mandatory minimum jail sentence; or
• Third or subsequent offense – 20-day mandatory minimum jail sentence.

Additionally, the mandatory minimum jail sentencing is enhanced if there was a witness under the age of 16. The jail sentences are then raised to 15, 20, or 30 days depending on the defendant’s criminal history.

To find out more about the penalties for a domestic violence offense, read our informative page here.

Example Case

Orlando Police Department (OPD) responded to a report of a domestic violence shooting in Parramore over the weekend that resulted in four fatalities. According to the report, OPD deputies received a call regarding a domestic violence report around 2:25 am on Sunday.

As police arrived at the scene, the suspect exited the home and began firing at the officers. “The suspect walked out of the house, walked toward the officers and shot [at them],” said OPD Chief Eric D. Smith. “The officers returned fire and the suspect fell.”

The two deputies involved in the shootout with the suspect did not receive any injuries and have since been placed on administrative leave. The suspect, Lacorvis Tamar Daley, 28, died while being transported to the hospital for his own injuries.

The three victims of the domestic violence shooting—Carole Fulmore, 69, Damionna Reed, 13, and Cameron Bouie, 7, were all found inside the home off Parramore. All three of the victims have died from their gunshot injuries, police report.

“I heard ‘boom boom’ right next to where my daughter was sleeping in her room,” said Berlouse Lafalaise, 31, who resides in the house next to the crime scene. “We walked outside the front door in the morning and there were so many police.”

“What a horrific, tragic situation,” tweeted Orlando Mayor Buddy Dyer. “Sending support to the family members of the victim, as well as the officers, who were thankfully unharmed.”

Finding a Defense Attorney in Tallahassee, Florida

Domestic violence is considered very serious in Florida. If you have been accused of a domestic violence offense in Florida, it is in your best interest to seek out a defense attorney as soon as possible.

In addition to paying fines and facing imprisonment, getting convicted of a domestic violence offense comes with additional consequences such as bearing the weight of being seen as a violent criminal offender which can impact your ability to work. By working with a skilled domestic violence defense attorney, you can work towards getting your charges lessened or dismissed completely.

Don Pumphrey and his team of attorneys have a full understanding of the ins and outs of criminal law. We will help answer any questions you have, help navigate you through the process, and fight vigorously for you and your case. Pumphrey Law Firm is here to help you earn back your freedom and your future. Contact us today for a free consultation at (850) 681-7777 or leave an online message on our website.

Written by Karissa Key

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