The Legal Repercussions of Domestic Violence Charges

Domestic violence is a horrible crime as it is perpetrated by people who are close to and stay with the victim. However, it is pretty easy to find yourself facing false accusations of domestic violence. Since the perpetrators are usually more powerful than the victim, all parties involved, starting with law enforcement, the prosecution, the jury, and the judge, will most often have a subconscious bias against the perpetrator. In this sense, they are often seen as guilty until proven innocent. If you are facing domestic violence charges, you may be wondering how long you could spend in jail upon a conviction. This article will attempt to shed light on the legal repercussions of a domestic violence charge and the jail time it might involve.

What Is Domestic Violence?

Domestic violence is sometimes also referred to as family violence. It encompasses violence directed at a member of the family. It can also cover persons in close contact with the victim’s family, such as family friends, a boyfriend or girlfriend, co-parents, etc. A wide range of conduct toward a family member can be considered domestic violence, such as physical abuse, threats of violence, sexual abuse, emotional and psychological abuse, etc. If you find yourself facing charges of domestic violence, get in touch with a good criminal defense lawyer as soon as possible.

Penalties for Domestic Violence

A conviction for domestic violence doesn’t always mean you go to jail. It depends on the harm inflicted on the victim, whether you are a repeat offender and the classification of the offense. Most domestic violence cases are prosecuted as misdemeanors, and offenders typically get a maximum of one year in prison and up to a $2000 fine after conviction. However, mitigating factors such as the alleged victim fighting back, cooperating with law enforcement, being willing to seek help, and having a clean criminal record can cause the judge to reduce the sentence or even give you probation. 

Felony domestic violence attracts relatively more severe sentences, with a conviction carrying anything between one year and 25 years, depending on the severity of the offense. The offender may also have to pay fines ranging from $5,000 to $20,000.

Defense for Domestic Violence Charge

A domestic violence conviction can alter the rest of your life even when you do not end up in jail, so while the ideas offered in his guide can help you identify some defenses to the charge, you still need to have a criminal defense lawyer with you. Even when you can’t afford one, the court-appointed public defender is the best alternative. Your lawyer can apply several strategies as a defense, such as addressing a lack of evidence. The prosecution is supposed to prove their case beyond a reasonable doubt, so if there are any inconsistencies in their case, you can explore the lack of evidence as a defense.

If the accuser was also violent, you can use self-defense as the basis for your defense. The other party fighting back is a mitigating factor and can significantly reduce the severity of penalties imposed upon conviction. Lastly, there are false accusations. It’s not uncommon to have individuals facing false domestic violence accusations, especially after strained relationships. If this is the case and you have evidence to prove your case, your lawyer can help you explore this option. 

What to Do After an Arrest for Domestic Violence

The police are likely to arrest you if you have been accused of domestic violence. It is important to cooperate with the arresting officers in this situation. It’s not law enforcement’s fault you are arrested; they are just doing their job, and you want to make it as easy as possible for all parties involved. Resisting arrest could muddy the water further. Once you are arrested, invoke your right to silence and ask for an attorney. This way, you avoid making mistakes or saying things that can be used against you.

Conclusion

Domestic violence charges can have significant legal repercussions, including fines and jail time. While many different kinds of domestic violence cases exist, most tend to be categorized under misdemeanors. However, they can also attract heavy penalties and longer incarceration periods based on the situation. There are several ways to defend against such charges and aim to reduce the penalties by highlighting a range of mitigating factors. It’s always best to seek the help of an experienced attorney to ensure the best outcome.