Criminal Defense Lawyers

Second Degree Domestic Violence

Understanding Second Degree Domestic Violence

Domestic violence is a serious issue that affects countless individuals and families across the country. While any form of domestic violence is unacceptable, the law categorizes domestic violence into varying degrees of severity, with higher degrees indicating more serious offenses. Second degree domestic violence is one of these categorized offenses, considered more serious than third degree but less severe than first degree domestic violence.

What Constitutes Second Degree Domestic Violence?

The exact definition of second degree domestic violence varies by state, but there are some common factors:

• The offense usually involves moderate bodily harm or the threat of such harm against a family or household member, such as a spouse, partner, child, or other relative. This may include injuries like bruises, cuts, or broken bones.
• It can also include violating a restraining order or other protective order while committing a domestic violence offense. For example, if someone has a restraining order against their spouse, but the spouse violates it and injures them, this could lead to a second degree charge.
• In some states, second degree domestic violence may include committing other crimes like stalking, burglary, or intimidation against a family or household member.
• Having one prior domestic violence conviction within a certain timeframe, usually 5-10 years, can also raise a new offense to second degree status in some jurisdictions.
• Other aggravating factors may apply in some states, such as committing the offense in front of a minor, using suffocation or strangulation, knowing the victim is pregnant, or committing the offense during another crime like robbery or kidnapping.

So in summary, second degree domestic violence may involve moderate bodily harm, violating a protective order, prior offenses, or other aggravating factors against an intimate partner or family member. It’s more serious than minor injuries or threats but not as severe as the most dangerous offenses.

What Are the Penalties for Second Degree Domestic Violence?

Since second degree domestic violence is considered a more serious crime than third degree, the penalties are typically harsher. Specific sentences vary by state, but possible penalties for a second degree domestic violence conviction can include:

• Jail time – Sentences ranging from several months to several years are common for second degree domestic violence. However, judges may allow part or all of a sentence to be suspended or served on probation rather than active jail time.
• Fines – Fines are a common penalty, typically ranging from $1000 to $5000. Some states have mandatory minimum fines for a domestic violence conviction.
• Anger management or batterer intervention programs – Many states require completion of an accredited intervention program as part of sentencing for domestic violence. These programs aim to teach accountability and nonviolent behavior.
• Probation – Terms of probation often include compliance with a protective order, completion of any required counseling programs, and avoiding further offenses. Violating probation can lead to the initial jail sentence being reinstated.
• Protective or restraining order – A judge may issue a protective order preventing any contact between the perpetrator and victim for a set time period like one year. Violating the order can lead to additional charges.
• Weapon restrictions – Some states prohibit those convicted of domestic violence from possessing firearms for a period of time, such as 5-10 years.

In addition to criminal penalties, a domestic violence conviction also creates a criminal record that can impact future employment, housing, and other opportunities.

Defenses Against Second Degree Domestic Violence Charges

There are several possible defenses that an attorney may use to contest second degree domestic violence charges:

• False allegations – In some cases, the alleged victim may be fabricating or exaggerating the claims out of anger, jealousy, or other motives. Thorough investigation can reveal inconsistencies or lack of evidence to support their version of events.
• Self-defense – If the alleged abuser can show they acted in self-defense against violence initiated by the alleged victim, this may provide a defense. Evidence like past police reports, medical records or witness statements can be used to demonstrate a pattern of violence by the alleged victim.
• No intent to harm – If the injury was accidental and there was no actual intent to harm or threaten the alleged victim, then domestic violence charges may not apply. For example, if someone carelessly shoves their partner who then falls and is injured, it may have been unintentional.
• No qualifying relationship – In some cases, the accused may not have the required relationship status with the alleged victim to qualify for domestic violence charges. For instance, if they are not married, living together, or do not share a child.

Anyone facing domestic violence charges should retain an experienced criminal defense attorney to protect their rights, carefully examine the evidence, and pursue the strongest defenses in their case.

How to Prevent Escalation to Second Degree Domestic Violence

The most effective way to prevent domestic violence from escalating to more serious criminal offenses is to seek help early on:

• Contact a domestic violence hotline – Speaking with a domestic violence advocate can help victims make a safety plan and become aware of resources like counseling, support groups, and legal help. Abusers may also benefit from calling hotlines to learn alternatives to violence.
• Seek counseling – Relationship counseling, anger management classes, and domestic violence intervention programs can all teach healthier strategies for managing conflict and strong emotions in relationships. These classes may be voluntary or court mandated.
• Obtain a restraining order – Victims can petition the court for a restraining order or order of protection dictating that the abuser cannot contact or come near them. While just a piece of paper, these orders carry legal penalties if violated.
• Press charges – Reporting even minor domestic violence incidents to police creates a paper trail in case abuse escalates over time. However, victims should have an emergency plan in place for leaving the relationship safely if charges are pressed.
• Separate from the abuser – Ending an unhealthy and abusive relationship may be the only way to prevent further harm. This is a complex decision, but domestic violence advocates can provide guidance on doing so safely.

With early intervention and removal from the abusive situation, many instances of domestic violence can be stopped before rising to the felony level. However, punishment and rehabilitation are still needed in cases where it progresses to more dangerous criminal offenses.

Conclusion

Domestic violence affects people of all ages, genders, races, and socioeconomic backgrounds. While public awareness of this issue has grown over the past few decades, domestic violence remains a sizable and underreported problem. Recognizing the signs of an abusive relationship and seeking help at the first indications of violence are key to preventing situations from escalating.

If you or someone you know is impacted by domestic violence, call the National Domestic Violence Hotline at 1-800-799-7233 for confidential support and resources. With the right help, we all have the power to break the cycle of violence.