Arises out of family situations that usually involve relatives, spouses or lovers. There are special penalty enhancements associated with these charges. Charges include Battery, Aggravated battery, Assault, Aggravated assault, Stalking, aggravated stalking and domestic strangulation.
Battery is defined as an unlawful and intentional touching or striking of another person against the will of that other person. If you have committed a prior battery, and were found “guilty” of the prior charge, even if adjudication was withheld – you may be charged with a felony battery on a second or later battery, which becomes a third degree felony punishable by up to five years in the state prison system. Also – if you are charged with a misdemeanor battery that involved a family member or other person who qualifies as a domestic partner – a conviction, even as a misdemeanor, will bar you thereafter from ownership or possession of firearms or ammunition. To see the other listed offenses referenced above, see the other referenced offenses contained on this website.
Penalties for Domestic Violence
In addition to the statutory penalties applicable to any criminal offense, Domestic Violence charges also carry the following enhanced penalties.
- Mandatory 13-26 Week Anger Management or Batterers Intervention Program,
- Ineligible to ever be Sealed or Expunged from your criminal record,
- Forfeit your right to have a gun while on probation, even for a misdemeanor, and
- Your concealed weapons permit will be revoked.
Defenses to Domestic Violence
Defending domestic violence cases are difficult, because deeper issues usually caused the altercation in the first place. These include:
- Alcohol, Drug, or Substance Abuse,
- Child Custody Disputes,
- Injunctions Proceedings,
- Mental Health Issues
- Pending Divorce, or
- Spiteful Family Members.
These cases many times turn into your word versus theirs, kind of a he said/she said situation. Let me use the benefit of my experience to ferret out these inconsistencies that arise in the police reports and the sworn statements of witnesses and alleged victims. These inconsistencies may lead to reduced charges, dismissal and/or an acquittal.
Stand your ground
Is a defense that allows a judge to determine the validity of a self defense claim and should always be alleged when defending homicide cases. A person is under no obligation to retreat in the face of a reasonable fear that threatens life or limb, or threatens the same to a family member. I have argued numerous cases regarding this issue, and in some cases the need to defend one’s self is the most important fundamental issue that insulates the accused. it allows people to protect themselves without fear of arrest or incarceration.
With these things in mind, the best way to approach a domestic violence case is to develop a plan that will not only result in the dismissal of the case, but also bring harmony between you and the accuser.
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