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 a Tampa lawyer 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.
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. Contact us today. We are honored to serve the residents of Tampa and we are ready to assist you.