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Being charged with a domestic violence-related crime can be daunting. You don’t necessarily know what’s involved in the process or the likely outcome of your situation. Having the right legal representation is a great start, but you’ll also need to understand the basics of domestic violence charges and the outcomes you can expect. As you travel down this legal path with an experienced lawyer leading the way, you may wish to learn more about the following:
When you’re asking your lawyer questions like, ‘Is pushing domestic violence?’ and ‘Is it a crime to push your partner?’ then it’s obvious that you don’t yet know the definition of domestic violence.
Domestic violence describes abusive behaviors where one partner gains power over another. Also described as intimate partner violence, it can be physical, psychological, or sexual. Pushing your partner is one form of domestic violence, as is withholding money, behaving threateningly, and sexual abuse.
If you’re facing charges for domestic violence, you may not think your actions have had major consequences for your victim. However, there can be serious repercussions for domestic violence victims, such as:
Whether you intended to cause harm or not, your actions can have a long-lasting impact.
The possible outcomes of domestic violence charges depend on many factors, including your legal representation, the seriousness of the crime, your criminal history, and where you live. In most states, a first domestic violence charge will be a misdemeanor. You’ll face possible jail time, court costs, and fines.
However, if you have prior domestic violence offenses, your charges could be upgraded to a felony. In this instance, you may face a state prison sentence, fines, and court costs. All the details surrounding your case contribute to the harshness of your sentence. These are referred to as aggravating factors. An aggravating factor can elevate a domestic violence charge to a felony or result in additional criminal charges. Common aggravating factors include:
When you enlist the services of an experienced lawyer, they’ll learn the facts of your case and do their best to devise defense tactics. The goal is to reduce your charges or have them removed altogether.
False accusations are one of the most common defense tactics, in which a lawyer tries to prove that the accuser isn’t telling the truth due to their mental health, revenge, a misunderstanding, or a custody battle.
Lawyers also explore self-defense as a strategy, which means you were trying to protect yourself from harm. With this form of defense, you must be able to prove that you believed you were in danger of harm, you used a reasonable and proportionate amount of force, and you didn’t initiate the violence.
When there isn’t a great deal of evidence to prove a domestic violence case, your lawyer may use the lack of evidence as a defense tactic. In such a situation, the prosecution must be able to prove your guilt beyond a reasonable doubt. If the prosecution can’t provide witnesses, physical evidence, and a victim’s story that aligns with the evidence, that defense strategy has the potential to work.
If you’ve never been charged with domestic violence before, it’s only natural that you won’t know what the process involves. As a result, it’s easy to make mistakes. These are some of the most common ones:
Being well-informed about domestic violence charges can make the situation feel less overwhelming. Don’t be afraid to discuss these points with your lawyer and ask as many questions as necessary to feel more confident about the journey ahead.
