Orlando Domestic Violence Lawyer
Domestic violence is one of the most common violent crimes. In fact, 20 Americans are physically abused every minute of the day, with 10 million women and men becoming victims each year, according to the National Coalition Against Domestic Violence. As such, domestic violence crimes are punished severely. When the victim is a family or household member, instead of a simple assault charge, the defendant is faced with a higher penalty because of their relationship to the alleged victim. The Orlando domestic violence lawyers at the O’Mara Law Group has extensive experience with such cases and are ready to take on your case today.
Penalties for Domestic Violence
Domestic violence is a broad term. It includes the following offenses, as per Florida statute 741.28:
- Aggravated assault;
- Aggravated battery;
- Ssexual assault;
- Sexual battery;
- Aggravated stalking;
- False imprisonment, or
- Any other offense causing physical injury or death of a family or household member by another family or household member.
Domestic violence carries a mandatory minimum jail sentence of five days.
Assault and Aggravated Assault
Domestic violence assault is a common form of domestic violence. It does not require any physical injury or contact to occur, and can be as simple as a threat of violence or throwing an object across the room in a violent manner. Assault is a second degree misdemeanor, while aggravated assault is a third degree felony.
Domestic Violence Battery
The most common criminal form of domestic abuse is domestic violence battery. This includes pushing, hitting, grabbing, holding down the victim against their will, biting, slapping, choking, and any other physical violence. Domestic violence battery carries a charge of first degree misdemeanor, which is punishable by up to one year in jail and a $1,000 fine, not including restitution. In addition, a defendant who is found guilty will also be required to take a 26-week domestic violence education course, 12 months of probation, forfeit any firearms or concealed record permits during their probation, and will be ineligible for their criminal record to be expunged. Aggravated domestic battery, which involves the use of a weapon, is a second degree felony, punishable by up to 15 years in prison, in addition to other penalties. The elements required for aggravated domestic battery include the following:
- Intentionally causing serious bodily injury, permanent disability, or permanent disfigurement;
- The use of a deadly weapon; or
- The victim was pregnant and the defendant knew or should have known.
Family or Household Members
In order for the incident to fall under domestic battery, the victim must have a relationship with the defendant. This relationship includes:
- A spouse;
- A former spouse;
- A blood marriage relationship;
- People living together as if a family or have done so in the past;
- A parent of a common child.
An Orlando Domestic Violence Defense Attorney is Available to Help
If you have been arrested for domestic violence, regardless of the misdemeanor or felony charges against you, you must understand the gravity of your situation. You need to contact an Orlando domestic violence attorney at once. The Orlando attorneys with the O’Mara Law Group have been defending clients since 1982, and are prepared to take on your case today. Call the O’Mara Law Group today 407-413-882 to schedule a free consultation.