Written and edited by our team of expert legal content writers and reviewed and approved by Attorney Mark O’Mara
Content last updated on: March 23, 2023
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 have 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:
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:
You May Have Treatment Options as an Alternative to Incarceration
Depending on the facts of the case, you may be a good candidate to have your case heard in Orange County Drug Court, with a possible outcome being treatment and behavioral modification rather than punishment. Choosing diversion over defending your case in court is a great result for many, but it does come with its own risks and consequences, so you should consult with your attorney before making important decisions on how to handle your case.
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:
An Orlando Domestic Violence Defense Lawyer 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 lawyer 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 consultation.
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