Domestic violence is a serious crime in the US, with severe penalties for those convicted. The states in the US have a strong commitment to protecting victims and holding offenders accountable.
The information below covers the various penalties that individuals may face if found guilty of domestic violence, encompassing both criminal and civil consequences.
Why You Should Hire a Domestic Violence Defense Lawyer
False Accusations of Domestic Violence
One of the most critical scenarios necessitating a domestic violence defense attorney is when you face false allegations by the accuser. These accusations can arise from various situations, including divorce or child custody disputes, where one party may seek leverage or revenge.
A skilled domestic violence defense attorney can safeguard your rights and ensure your perspective is presented in court. They will diligently gather evidence, interview witnesses, and construct a strong defense strategy to counter the false claims and protect your reputation.
Wrongful Arrest or Charges
Another instance where a domestic violence defense attorney is essential is if you were wrongfully arrested or charged with domestic violence. Law enforcement officers sometimes make mistakes or jump to conclusions when responding to domestic disputes.
A defense attorney with experience in domestic violence laws can thoroughly examine your case, challenge any unlawful actions by law enforcement, and work towards getting the charges dropped or reduced, protecting you from the repercussions of an unjust accusation.
There’s Children Involved
The involvement of children in a domestic violence situation adds another layer of complications and necessitates legal representation. Protecting the best interests of children exposed to domestic violence is vital. A competent attorney will advocate for child custody arrangements that prioritize their safety and well-being, shielding them from further harm and ensuring their rights are upheld throughout the legal process.
A domestic violence defense attorney has the knowledge and experience needed to understand the details of the legal system while providing you with support and guidance during a difficult time. Contact an attorney to fight for you and ensure justice is served, helping you move toward a safer and more secure future.
Definition of Domestic Violence
States have various definitions for domestic violence.
The abuse may span over several areas – physical, sexual, technological, economic, psychological, and emotional harm. Any violence such as assault, battery, stalking, or a criminal offense that leads to physical harm or the death of a household member or family is considered domestic violence.
Victims typically include a spouse, ex-spouse, an individual related by marriage or blood, or someone who is part of the house and lives in the home as a part of the family. They may also have once lived in the house in this capacity. Family or household members may also include a person who is a parent of a child in common, whether they’ve been married or lived as part of the family.
Criminal Penalties
The penalties for domestic violence vary depending on the specific offense committed, the offender’s prior criminal history, and the presence of aggravating factors.
Misdemeanor Offenses
Domestic violence cases that are charged as misdemeanors can result in the following penalties:
- First-Degree Misdemeanor: Up to one year in jail, a fine of up to $1,000, probation, and mandatory completion of a batterer’s intervention program.
- Second-Degree Misdemeanor: Up to 60 days in jail, a fine of up to $500, probation, and mandatory completion of a batterer’s intervention program.
Felony Offenses
Domestic violence cases that are charged as felonies can result in the following penalties:
- Third-Degree Felony: Up to five years in prison, a fine of up to $5,000, probation, and mandatory completion of a batterer’s intervention program.
- Second-Degree Felony: Up to 15 years in prison, a fine of up to $10,000, probation, and mandatory completion of a batterer’s intervention program.
- First-Degree Felony: Up to 30 years in prison, a fine of up to $10,000, probation, and mandatory completion of a batterer’s intervention program.
Aggravating Factors
Certain factors can enhance the penalties for domestic violence, including:
- Use of a weapon
- Serious bodily injury or death of the victim
- The presence of children during the offense
- Violation of a restraining order
Mandatory Arrest
Some states enforce a mandatory arrest of a perpetrator, even if the victim refuses to press charges.
Therefore, officers may arrest the primary aggressor in domestic violence cases when there is probable cause to believe that a crime was committed.
Civil Penalties
In addition to criminal penalties, individuals convicted of domestic violence may also face civil consequences, including:
- Loss of Child Custody or Visitation Rights: Domestic violence can negatively impact an individual’s ability to obtain or maintain custody or visitation rights with their children.
- Loss of Firearm Rights: Federal law prohibits individuals convicted of domestic violence misdemeanors or felonies from possessing firearms.
- Loss of Employment: Certain professions like law enforcement or teaching may disqualify individuals with domestic violence convictions.
- Deportation: Non-U.S. citizens convicted of domestic violence may face deportation.
Additional Consequences
Beyond the formal criminal and civil penalties, domestic violence convictions can have other far-reaching consequences, such as:
- Damage to Reputation: A domestic violence conviction can tarnish an individual’s reputation and make it difficult to find employment or housing.
- Difficulty Obtaining Professional Licenses: Certain professional licenses may be denied or revoked due to a domestic violence conviction.
- Social Stigma: Individuals convicted of domestic violence may face social isolation and discrimination.
Domestic violence is a serious crime with severe consequences. Individuals convicted of domestic violence may face jail or prison time, fines, probation, mandatory counseling, and other criminal and civil penalties.
If you have been charged with a domestic violence offense you should always contact a criminal defense lawyer as soon as possible. Your future is at risk and you need a knowledgeable resource to help fight for you.
Contact a Domestic Violence Defense Lawyer Now
If you or someone you know has been arrested or charged for domestic violence, please seek help from a qualified domestic violence defense lawyer. They will be your best ally in assessing the charges and exploring your best options. Find out more about your rights, call today.