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If you are under investigation for domestic violence, one of your biggest concerns may be whether the prosecution will be pressing misdemeanor or felony charges.
Whether or not domestic abuse is a misdemeanor or a felony depends on several factors, such as the offense’s severity, prior convictions, and the quality of your legal representation.
Understanding Domestic Violence
Domestic violence is any form of violence perpetrated by a person in close relations with the victim. This includes parents, children, siblings, spouses, boyfriends/girlfriends, persons living in the same household as the victim, close friends, and family friends.
Under some circumstances, violence perpetrated by people that were part of the victim’s life in the past, such as an ex-boyfriend or ex-spouse, can also fall under the classification of domestic violence.
Domestic crimes are acts that otherwise fall in the assault, battery, or sexual crimes category and can include shoving, pushing, throwing objects, punching, choking, and sexual assault, among others.
Felony Or Misdemeanor
When domestic violence does not result in significant injuries, the prosecution will likely press misdemeanor charges. For example, a battery case can be charged as a misdemeanor when the act does not result in any visible injuries to the victim.
Penalties for misdemeanor domestic violence will vary with jurisdiction. However, under normal circumstances, the offender will, in the worst-case scenario, get less than one year in jail, fines, probation, and community service.
If, however, domestic violence results in physical injuries such as broken bones or lacerations, the prosecution will likely press felony charges. Upon conviction, the accused may face prison sentences of more than a year, with some states having penalties that can be as high as 10 years and fines of up to $10,000. The accused may also be required to attend an anger management class or some other rehabilitation program.
False Allegations
While false allegations of domestic violence are not abundant, they do occur. Typically, law enforcement will take the complainants’ word for the truth and will more often than not make an arrest when they answer a domestic violence call.
In most cases, false domestic abuse allegations arise from strained relationships where one party seeks to get back to their spouse for their betrayal. At other times it can be used to influence child custody cases.
A history of domestic abuse is among the things a court will look at when determining child custody, and it’s not unheard of to have one partner wanting to have the upper hand by giving the other a bad record.
Strict Approach To Domestic Violence
Due to the seriousness of domestic violence crimes, some states demand that suspects be held in custody until some matters are settled and can sometimes be accompanied by restraining orders that can significantly affect the defendant’s life.
Generally, all parties involved, including law enforcement, the jury, and the judge, are almost immediately prejudiced against the defendant, especially where the plaintiff is a child or a woman. “Before a trial even starts, it is likely you will already be seen as guilty and have to prove otherwise. A domestic violence lawyer can help to prove your innocence. If you cannot afford one, a court-appointed public defender is the best alternative,” says Attorney Mark Sherman of The Law Offices of Mark Sherman, LLC.
The Possibility Of A Civil Claim
If the plaintiff suffers significant injuries from the alleged domestic violence, they can file a personal injury lawsuit alongside the criminal case to recover damages. If their claim succeeds, you will be required to compensate them for economic and noneconomic losses, which can amount to thousands of dollars. Hiring a lawyer who handles both domestic violence and personal injury cases can often lead to the highest chances of success in such a case.
