Summary
holding that son striking his mother was an act of "domestic violence" under section 741.28, Fla. Stat.
Summary of this case from McClain v. SMJ ex rel. HatcherOpinion
Case No. 97-1114
Opinion filed March 11, 1998 JANUARY TERM 1998
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Ronald V. Alvarez, Judge; L.T. Case No. CJ-96-8245-JK.
Richard L. Jorandby, Public Defender, and Margaret Good-Earnest, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.
Appellant/defendant was charged with battery as an act of domestic violence under sections 784.03(1) and 741.28, Florida Statutes (1995). Contrary to appellant's contention, the definition of "domestic violence" does not require that "physical injury or death" occur in conjunction with crimes enumerated in section 741.28(1). In that subsection, the phrase "resulting in physical injury or death" pertains only to the generic term "criminal offense" immediately preceding it. The other crimes specified in the section, such as "assault," fall within the definition of domestic violence if they are committed against "one family or household member by another who is or was residing in the same single dwelling unit," even if the victim suffers no physical injury. See § 741.28(1), Fla. Stat.(1995).
Although the defendant's family members were reluctant witnesses at trial, the court's conviction of the defendant for battery upon his mother was supported by the mother's testimony that she and her son "started fighting" and "were punching each other." Also, the brother testified that the defendant and his mother were "tussling" and that his mother "fell to the ground."
The disposition order placing the defendant on community control is affirmed.
DELL, GROSS, JJ. and OWEN, WILLIAM C., JR., Senior Judge, concur.