Tampa Domestic Violence Attorney
Domestic violence is a crime that is often considered to be deeply personal in nature. As a result, the stress and emotions associated with this charge are heightened. Prosecutors use the presence of these emotions to aggressively push for a conviction and judges will show little leniency to the defendants. It is important for defendants to understand, however, that domestic violence charges are commonly the result of false allegations. Oftentimes, these charges are brought forth in retaliation by an angry lover or as a way to obtain leverage in a current proceeding, such as a custody battle. Nonetheless, it is imperative that defendants take these charges seriously, even if they are false. This is why it is crucial that you retain an experienced criminal defense attorney immediately after an arrest for domestic violence. Omar Abdelghany is an experienced Tampa domestic violence attorney that handles cases involving domestic assault. Contact our office today to schedule an initial consultation. Omar also serves all of Tampa Bay, Florida.
Tampa Attorney Assisting Those Facing Domestic Violence Charges
Domestic violence occurs when a perpetrator commits an assault and battery against a relative, spouse, ex-spouse, co-parent, or other member of their household. A first offense will typically be charged as a misdemeanor and will carry a sentence of up to one year in jail. If the incident involved the use of a weapon or if the victim sustained serious injuries then the accused will likely face felony charges and can face up to fifteen years in prison. Furthermore, anyone convicted of domestic violence will be prohibited from possessing a firearm under both Florida and federal law. This requirement may pose particularly concerning complications for those that are required to carry weapons by their employers.
A case will typically begin within twenty-four hours after the initial arrest. The Judge will hold a hearing to determine if there is probable cause which justifies charging the defendant. If so, then the accused will enter a “not guilty” plea and a trial date will be set. Trial will typically be set within ninety days for misdemeanors and within 175 days for felony matters. The defense will receive arrest reports, witness statements, and any other evidence that the prosecution is required to provide. Counsel will visit the scene of the incident, if possible, and interview any potential witnesses. The investigation will also include collecting evidence which may show that the violence did not occur or that the exchange was the result of self-defense. An example of this would be correspondence which suggests that the victim’s conduct is inconsistent with that of someone who was just assaulted. Domestic violence charges often hinge on statements given to police by the defendant. The defense attorney will seek to have any statements given in violation of one’s Miranda rights suppressed. If a dismissal of the charges or a favorable resolution cannot be obtained then the case will go to trial.
Omar Abdelghany is a Tampa lawyer who handles both misdemeanor and felony domestic violence cases. Prior to your initial consultation, he will review the probable cause affidavit and any arrest reports concerning your case. He will use the consultation to hear your side of the story and advise you on what to expect from the process. Omar will obtain all available evidence and file any necessary Motions. He will also review any records from family court proceedings as well as other documentation which may show that the accuser has a motivation to lie. If a dismissal or other favorable resolution cannot be reached then he will not hesitate to take your case to trial. He will challenge the prosecution’s claim that the act actually occurred and that you were not acting in self defense. Our firm recognizes the impact that a domestic violence conviction can have on your livelihood and future. This is why it is crucial that you retain counsel so that an appropriate defense can be fashioned.
Omar also serves clients in Bradenton, Brandon, Clearwater, Lakeland, Largo, Palm Harbor, Sarasota, Spring Hill, St. Petersburg and Tampa.
Domestic Violence Battery Defense
Sadly, domestic violence is one of the most commonly filed criminal charges in the state of Florida. Due to the severe penalties and permanent criminal record you receive if convicted, it’s essential to immediately seek legal advice if you’re facing charges of domestic violence in Florida.
OA Law Firm’s experienced criminal defense attorneys are dedicated to defending your legal rights and your reputation. We’ve helped hundreds of clients fight their domestic violence charges — in many cases having them minimized or dismissed entirely. For a complimentary and confidential discussion with an experienced Tampa domestic violence defense attorney, call 813-461-5291 or contact us online today.
What is a Domestic Violence Battery Charge in Florida?
According to Section 741.28, Florida Statutes, Domestic Violence Battery occurs when a person intentionally touches, strikes, or causes bodily harm to a “family or household member” without their consent.
The term “family or household member” encompasses any family or household members that are currently residing, or have resided in the past, together in the same home. In addition, two people who have a child in common, but do not reside together, are also considered a “family or household member.”
Example of a “family or household member” includes;
- Spouses
- Ex-spouses
- People related by blood or marriage
- Individuals living together as a family
- Individuals who have previously lived together as a family
- Individuals who have a child in common
Domestic Violence Battery is an extremely serious charge that can carry devastating consequences for the accused. If you’ve been charged with Domestic Violence Battery, it’s critical that you retain legal counsel as soon as possible. For a free and confidential discussion of your case, call the OA Law Firmtoday.
What are the Penalties for Domestic Battery in Florida?
In the state of Florida, Domestic Violence Battery is a First Degree Misdemeanor offense. If convicted of Domestic Violence Battery, the judge must sentence you to a statutory minimum term of one-year probation. You could also face a sentence of up to one year in jail or a $1000 fine.
In addition to the statutory penalties you could face, a conviction of Domestic Violence Battery also carries several collateral consequences, such as;
- Minimum five days in jail if there was a bodily injury
- 26 Week Batterers Intervention Program (BIP)
- A lifelong criminal record with no ability to seal or expunge
- Loss of civil liberties, including forfeiture of your right to carry a firearm while on probation and revocation of any concealed weapons, permit you might have
- The imposition of a ‘no contact’ order or an injunction.
It’s important to note that under Florida law, if you are convicted of domestic violence battery, it is not possible to have your criminal record sealed or expunged. Put simply, if you plead a domestic violence battery charge, the criminal record for that offense will remain with you for the rest of your life. There are no exceptions to this rule.
Building a Domestic Battery Charge Defense In Florida
If you are facing charges for domestic violence battery in the state of Florida, you should seek trusted legal counsel as soon as possible. It is vital that you do not make any decisions to plead without speaking to an experienced Tampa area domestic violence battery attorney. This is because there are many defense strategies that can be used to fight a domestic violence battery charge in Florida.
Common defense strategies for domestic violence battery include;
- Lack of evidence to corroborate battery allegations
- Lack of injury
- Self-defense
- Stand Your Ground
- Defense of others
- Defense of property
At the OA Law Firm, we understand that Domestic Violence Battery charges may be brought against you with very little to no evidence at all. We take our time to thoroughly review your case and clearly communicate all of your legal options. We are dedicated to fighting for your legal rights and securing the best possible outcome for you and your loved ones.
What Is A No Contact Order?
According to Florida law, a ‘no contact’ order is an injunction imposed by the court. This is often a condition of a defendant’s pretrial release, and can only be modified by the court.
As domestic violence charges are often accompanied by “no contact” orders — even when the alleged victim chooses not to pursue charges — it’s essential that both people seek an immediate modification of any orders that may have been imposed. This can be achieved by filing paperwork known as a “Motion to Modify Conditions of Release.” Lifting a ‘no contact’ order helps bring the two parties back together so that they can create a united front against any further prosecution.
Tampa Lawyer Staying in Constant Communication with Those Charged with Domestic Violence
If you have been charged with domestic violence then you are already facing several worries. One of the things you shouldn’t have to worry about is if you will be able to get in contact with your attorney. Omar prides himself on providing a high level of service. This includes his handling your case personally and providing a high level of lawyer-client communication. Such communication includes keeping you updated on your case and promptly returning phone calls and messages. We are honored to serve the residents of Tampa and we are ready to assist you.
Why You Should Choose OA Law Firm For Tampa Domestic Violence Defense
Omar Abdelghanyis a highly experienced Tampa criminal defense attorney specializing in Domestic Violence Battery. As a dedicated criminal defense attorney, Omar understands the gravity of domestic violence charges and has an unparalleled commitment to defending his client’s legal rights.
If you’ve been charged with a Domestic Violence Battery offense, you may feel like your reputation is damaged beyond repair, and that your case is hopeless — but the OA Law Firm wants you to know that this isn’t true. With advice and guidance from an experienced attorney, it’s possible to resolve your case in a way that is least damaging to you and your family.
Fighting a domestic violence charge requires strategic legal preparation, an intimate knowledge of the Florida legal process, and aggressive courtroom defense. While acting as a trial attorney for the Palm Beach Public Defender’s office, attorney Omar Abdelghany gained vital insight into the criminal justice system. He now leverages this in-depth knowledge to provide his clients with advanced defense strategies and unparalleled legal counsel.
If you’ve been arrested on Domestic Violence Battery charges in Tampa Bay and the surrounding area, contact us online, or call 813-461-5291 today to speak to one of our attorneys about your legal options.
