The penalties for a domestic violence conviction are as varied as the incidents behind them, with presiding judges in the Ninth Judicial Circuit granted leeway in sentencing. Judges consider aggravating factors, such as serious injuries to the accuser and multiple arrests, but they consider mitigating factors, too, such as an accused’s first time in the system and that any injuries were minor.
Underlying penalties can also be self-inflicted, when a couple’s toxic relationship ends in accusers getting restraining orders, so those accused are unable to contact their partners and children. If you are convicted of a crime of aggression against a loved one or former partner with whom you share a child, jail time is just one of the domestic violence penalties that your Orlando lawyer can fight to mitigate.
When Orlando Police officers or Orange County deputies arrest a suspect in a domestic violence case, they will charge the suspect with a crime of aggression with the added element that it was committed against loved ones or former intimate partners. These include:
Law enforcement treats dating violence differently than domestic violence if the partners are not living together. For instance, if one person punches their date, they can be charged with battery, but if they are living together, they will be charged with domestic violence battery. According to Florida Statutes § 784.046, dating violence occurs when the relationship is continuous with the expectation that there is affection between the couple, or the relationship has been over for less than six months. A criminal defense attorney from The Umansky Law Firm assesses every aspect of how your case will be affected by Orlando domestic abuse penalties and strives for the best outcome.
Aggressive crimes can be charged against unrelated people, but the same crimes are charged in domestic violence cases, with additional penalties. These include assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking aggravated stalking, kidnapping, false imprisonment, and any other crime in which a domestic partner or family member is injured or killed, such as murder.
Some bad acts can be used as aggravating circumstances, increasing penalties, such as emotional, financial, or psychological abuse, which often accompany Orlando domestic violence cases. To discuss the penalties you may face, contact a defense lawyer now.
The most prevalent domestic violence charge is battery, including aggravated battery, which, under Fla. Stat. § 784.03 is an unwanted touching or striking by a person, including an indirect touching with an object. Aggravated battery is a battery committed while brandishing a deadly weapon under Florida’s 10-20-Life law, Fla. Stat. § 775.087, which enhances the penalties with mandatory minimum sentences, including 10 years for possession of a firearm, 20 years for firing it, and 25 years to life if serious injury or death results.
Battery is a first-degree misdemeanor when you intentionally strike someone or cause bodily harm (even grabbing a partner’s wrist counts) during an argument, with no aggravating circumstances. Penalties include up to a year in jail, with a mandatory minimum of five days if the battery is considered domestic violence. Probation, anger management classes, and community service are all choices the judge can impose, and for a first offense, your attorney could negotiate for a pretrial diversion program and dismissal.
Felony battery domestic violence is charged when the accused is a repeat offender, seriously harms the accuser, or aggravating circumstances are proven, such as financial or psychological abuse. You can spend five years to life in prison for causing severe injuries or death.
Other penalties include fines, restitution, mandatory counseling, and probation. Orlando domestic abuse penalties can also include losing a professional license and the right to own a firearm.
Even a first-time simple domestic assault battery can land you in jail for a mandatory five days and require you to attend a spousal abuse class among other penalties. This could happen for something as thoughtless as pushing a spouse during an argument. If you rack up more convictions, the penalties increase substantially.
The experienced lawyers at The Umansky Law Firm understand the tensions that build in all relationships. We can offer you skilled representation by presenting all the mitigating factors that could favorably impact Orlando domestic violence penalties. Call now to schedule a consultation.
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