Domestic violence is an aggravating factor that is added to a charge. Examples are DV assault, DV disorderly conduct, DV interruption of a communication device etc. The added consequences of a Domestic Violence addition to a charge can be severe.
Consequences for the conviction of Domestic violence offense may potentially include:
- Imprisonment
- Jail
- Loss of the right to vote
- Loss of other freedoms
- Loss of the right to own a deadly weapon
- Probation or parole
- Court ordered counseling or treatment
- Fines and/or restitution
- Other
Likelihood of any of the above consequences depends upon the following factors:
- Attorney assistance
- Any other prior convictions
- Currently on probation or parole
- Attitude of community and court toward this type of crime
- Degree of media attention on case
- Mitigating/aggravating circumstances
- Counseling or other alternative to incarceration
Defenses of Domestic violence may potentially include:
- Insufficient evidence
- Jurisdictional issues
- Mistaken identity
- Evidence violations
- State and Federal constitutional violations
- Other
What can you do to improve the outcome of your case?
- The single thing that will effect the outcome of you case is retaining an attorney with significant criminal practice to represent you throughout the case
- Gather documentation of your good character (reference letters, employment history, community service, etc.)
- Exercise your right to remain silent
- Review you rights with your attorney
- Review your defenses with your attorney
- Keep a diary listing significant events and potential witnesses
- Do NOT investigate your own case
What can we do to help?
- Early preparation, including legal research and defense identification
- Advise you of your constitutional rights
- Early investigation and identification of all facts helpful to your defense
- Interview police and witnesses to minimize or eliminate the case
- Meet with the prosecutor for a possible charge bargain or possibly move the case to the justice courts where appropriate
- Interview all witnesses
- Set or reduce bail or obtain a release on your promise to appear
- Keep you updated on all aspects of you case, including possible defenses and alternatives
- In appropriate cases, negotiate jail alternatives such as counseling etc.
- Contact and hire expert witnesses that will help in your defense
- Research and file appropriate motions to dismiss the case
- Research and file appropriate motions to suppress evidence
- DISCLAIMER
The statements above are not legal advice! This statements are not intended to be a comprehensive statement of law of your particular case. This statement is intended to give you a very general understanding of what is involved in this type of crime. Please consult an attorney to find out what law applies to your particular case.