Charged With Domestic Violence: What You Need to Know

Charged With Domestic Violence: What You Need to Know

Being charged with domestic violence can be an incredibly scary and overwhelming experience. As a defendant, you may be feeling anxious, confused, and unsure of what to expect next. This article provides an overview of key things to know if you have been charged with domestic violence, including the legal process, potential penalties, and defense strategies.

Understanding Domestic Violence Charges

Domestic violence refers to physical, sexual, emotional or psychological abuse committed by one partner against another in an intimate relationship. It can involve behaviors like hitting, kicking, shoving, intimidation, threats, isolating someone from family/friends, financial control, and other controlling behaviors.

Domestic violence charges can include crimes like assault, battery, harassment, stalking, and more. In many states, domestic violence is considered an enhanced crime, meaning penalties may be more severe than similar charges for non-domestic cases.

Police can arrest for domestic violence based on physical evidence like injuries, statements from witnesses, or a report from the alleged victim. Many states have mandatory arrest laws for domestic violence calls, meaning police are required to make an arrest if they have probable cause.

The Legal Process After an Arrest

If you are arrested for domestic violence, you will be taken to jail, photographed, fingerprinted, and held until you can post bail or see a judge. Here’s what to expect next:

• Arraignment: This is your first court appearance before a judge. You will be formally charged, and a plea of guilty or not guilty will be entered. The judge decides bail.
• Pretrial Hearings: Your defense lawyer can challenge evidence and file motions at pretrial hearings. The prosecution may make a plea offer at this stage.
• Trial: If no plea agreement is reached, your case will go to trial. The prosecution must prove the charges “beyond a reasonable doubt.” You can choose a bench trial (judge only) or jury trial.
• Sentencing: If found guilty, the judge determines your penalty based on factors like criminal history and severity of the crime.

The process can take months from arrest to resolution. You may be able to get the case dismissed, receive probation, or avoid a felony conviction through a plea bargain. An experienced criminal defense lawyer can advise you throughout the process.

Common Defenses in Domestic Violence Cases

There are several legal defenses that may apply in fighting domestic violence charges:

• Self-defense – You acted in self-defense against violence initiated by the alleged victim. There must be evidence you reasonably feared for your safety.
• False allegations – The alleged victim fabricated the accusations out of anger, jealousy or other motives. Your lawyer can look for inconsistencies in their statements.
• Mistaken identity – You were misidentified as the abuser. An alibi or other evidence can show you were not present.
• No visible injury – The alleged victim has no documented injuries backing up assault accusations.
• Consent – Some acts were consensual as part of your relationship dynamic (applies primarily to sexual assault charges).

An experienced criminal defense attorney can assess the available evidence and determine if any of these defenses may apply in your case.

Potential Penalties if Convicted

Penalties for domestic violence vary widely based on the specific charges and your criminal record, but may include:

• Jail time – Domestic assaults can be charged as misdemeanors or felonies, with possible jail terms ranging from months to years.
• Fines – Monetary fines typically ranging from $1,000-$5,000 are common. The court may order domestic violence classes or counseling in addition to fines.
• Probation – Courts often impose probation periods up to several years, with conditions like anger management classes. Violating probation can lead to jail time.
• Restraining order – Courts commonly issue protective orders prohibiting contact with the victim for up to several years. Violating the order is a crime.
• Weapon prohibition – Those convicted of domestic violence often lose the right to own firearms or ammunition under federal law.
• Child custody – A conviction may impact child custody and visitation rights in family court.
• Immigration consequences – Non-citizens charged with domestic violence can face deportation.

The penalties can be severe, so fighting the charges is critical. An experienced lawyer will know how to mount the strongest defense. If you are facing charges, don’t go through it alone – get legal help.