When people come to us for criminal defense, it is usually during the worst time in their lives; they are worried, confused and stressed. 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:
- Assault;
- Aggravated assault;
- Battery;
- Aggravated battery;
- Sexual assault;
- Sexual battery;
- Stalking;
- Aggravated stalking;
- Kidnapping;
- 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:
- Intentional Contact: It must be proven that the defendant wilfully and intentionally made harmful contact with the victim and knowingly caused them bodily harm or disfigurement.
- Deadly Weapon: The use of a potentially deadly weapon will elevate a simple battery to an aggravated battery.
- Harming a Pregnant Woman: Harming a woman who is known to be pregnant or who can reasonably be expected to be pregnant qualifies a battery as aggravated.
What Our Clients Say
Compassionate Assistance
The Mark O’Mara Law Firm was a wonderful place and outstanding. Mark was very helpful and always made time for me, answering all my questions. But my hero was Susan Staggs, who prepared all of my paperwork. She is a real magician who takes it seriously.
Exceptional Service
Mark O'Mara and his office provided excellent service, demonstrating professionalism and personal attention to all my details of my cases. He is one of the best in his field as a criminal and family attorney. He is honest, direct, and he always does his best for his client.
Support in Family Law
Mr. O’Mara and his entire staff, especially Alyssa, were absolutely impressive with everything. Very efficient and punctual; their understanding of every little detail was way beyond expectations. Honestly, this law group has made a major difference in my life.
Expert Guidance in Family Law
I can't thank Mr. Thompson and his team enough for their outstanding support. From the very first meeting, Sarah was incredibly knowledgeable and attentive. They handled every aspect of my case with such professionalism and care. This legal team truly changed my life.
Dedicated to Fighting Your Cause
Knowing Mark O’Mara as an attorney who has represented me for the past 23 years and has also been a friend… I can say that Mark is not only dedicated to fighting your cause, but his team shares that same dedication. When you call his office the girls at the front desk always strive to assist you. As for the rest of his team they are committed to winning the best...
Nothing Short of Amazing
Mr O’Mara and the entire staff were nothing short of amazing. Mr. O’Mara knew exactly what we needed to do and has even offered additional advice for any future risks. This was all new for me and they walked me through everything step by step and were very patient and most of all responsive and caring. THANK YOU!!!
They Are Top Notch!!!!
I cannot express the gratitude I have for Mark O’Mara, Susan and their firm. I had a very difficult custody situation and they guided me towards the best decisions and fought for me. I highly recommend O’Mara Law Group. They are top notch!!!!
Such a Professional and Personable Firm.
Such a professional and personable firm. Everyone treated me with respect throughout my entire process. I absolutely dread ever needing the services of an attorney again but I would certainly go straight back to Mark. Susan was awesome and she totally got me from day one. I can’t begin to say how helpful that was for me. Thank you to the entire team!!
I Am Truly Proud
By far, the best person, if you ever need an attorney and someone who will always be there for you. I am truly proud to have Mark as my attorney, advisor and friend. Thanks Mark and Alyssa. Michael Hoffman, Attorney at Law and C.P.A.
Way Beyond Expectations
Mr. O’Mara and his entire staff especially Alyssa were absolutely impressive with everything. Very efficient and punctual and the overall understanding of every little detail was way beyond expectations. Honestly this law group has made a major difference in my life and helped me through many obstacles associated with owning multiple businesses and continue to do so in...
They Were Ready to Fight the Fight
When I went in for my consultation with Mark and Caitlin, I was in a state of total devastation. They lifted the burden and took away the stress of my situation by making me feel completely taken care of. They were ready to fight the fight I didn’t have the emotional strength to do so on my own. I have and will continue to recommend their law group to anyone needing le...
Mark Omara was GREAT
Mark has represented me and I hate to say 2 family members of mine, all 3 times mark has delivered success. He has to be the best lawyer I have ever dealt with, he is caring of the situation and of your fears in facing legal matters , he made us feel comfortable , safe and protected. Surprisingly he never made me feel down on myself for stupid things I created that lead to h...
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.
- 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.
- Aggravated battery;
- Sexual assault;
- Sexual battery;
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 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.