Author:
Kimberly J. Benjamin, Founder & Managing Attorney
July 27. 2022.
What Happens When You Get a Domestic Violence Charge?
An experienced criminal defense attorney could likely provide multiple examples of domestic assault cases where the alleged victim exaggerated the facts surrounding a scenario. Police and prosecutors want to protect children and other family members from assault. So it is not uncommon for law enforcement and prosecutors to charge defendants with domestic violence despite the fact there was no actual violence.
Domestic violence is defined as any act of physical abuse by a current or former spouse, former partner, or other intimate personal relationship. It also includes stalking and harassment. These crimes also affect the victim’s mental and physical health and the well-being of other family members.
Domestic violence charges are some of the most serious criminal charges that can be filed against you. You need to know what happens if you are charged with domestic violence, the potential penalties, and what defenses you may be able to raise.
The right lawyer may be able to get those charges lessened before the plea or the trial. A Kansas City domestic violence lawyer may provide the advice and advocacy you require.
Getting Domestic Violence Charges Dropped or Reduced
One way to avoid a conviction is by getting the charges dropped. In order to do so, the defendant needs to have a solid defense, such as providing evidence that the person was not in control of their actions or that their accuser provoked them to commit the act.
Certain factors can influence whether or not charges will be dropped. Criminal charges can be reduced if prosecutors lack sufficient evidence to convict you or their evidence against you is inadmissible. Rather than risking a not guilty verdict, prosecutors would rather dismiss or reduce the charges against you.
For instance, domestic violence charges may be dropped if there was no intent to harm and no physical contact with anyone else. An experienced attorney may pursue having the charge reduced to a lesser crime like disorderly conduct.
Additionally, a plea bargain could reduce your charges if you agree to plead guilty to a less serious crime. Plea bargains are often used to resolve criminal cases, but it’s essential to consult with an attorney before accepting one.
Unfortunately, a person might be accused of domestic violence for retaliatory reasons. Many clients seek legal advice when their significant other brings certain types of charges against them because of child support or custody disputes.
Hire a criminal defense lawyer from a reputable law firm with whom you can build a solid attorney-client relationship to minimize your chances of prosecution and conviction. Contact Missouri DWI & Criminal Law Center for a free consultation.
Reasons a Judge Will Dismiss a Domestic Violence Case
Although the prosecutor may be determined to pursue the charges, there are ways to get a domestic violence case dismissed. For example, the following reasons may provide the defendant with a second chance:
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The victim doesn’t show up to court
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There was no physical evidence of a crime
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You can prove that you were defending yourself or someone else from an attack
Also, if someone is falsely accusing you of domestic violence and they can’t provide proof that you actually assaulted them, then your case will also get dismissed. You can discuss your case with the help of a criminal defense attorney.
What Is Meant By Disorderly Conduct?
Disorderly conduct is not a legal term but rather a term that is used to describe any behavior that is considered unacceptable. This includes behaviors like public intoxication, fighting, and unreasonable noise. You can be punished if you are found guilty of disorderly conduct.
Disorderly conduct can mean many things depending on the situation and what the person was doing when they were caught. Depending on the details of the situation, a criminal defense attorney can argue that the conduct qualifies as disorderly conduct rather than domestic assault.
If you believe you are at risk of being arrested and subsequently convicted of domestic violence charges, reach out to criminal defense attorneys for information and advice. You may not have to spend any time in jail with the right representation.
Penalties for Domestic Violence
A domestic violence conviction carries severe legal penalties and a life-long stigma. Most Missouri laws are based on the state’s penal code, which includes a provision for domestic violence.
The penalties for these charges vary depending on the type of crime committed but usually include a combination of:
- Fines
- Jail or prison time
- Community service
One of the most common charges brought against a person in domestic violence cases is that they threatened to kill their spouse or family member. If you have been charged with domestic violence, it is essential to know what the possible penalties are to protect yourself and your future.
Do Most Domestic Violence Cases Get Dismissed?
Although domestic violence is a serious issue that affects millions of people in the United States every year, many cases are dismissed by the courts. There are several reasons why these cases get dismissed by the courts.
One reason is that legal loopholes allow abusers to escape punishment due to a lack of evidence. Another reason is that it can be difficult for victims to prove their case and get justice in court. A criminal law center may provide additional information and advice.
How a Criminal Lawyer Can Help With Domestic Violence Charges
Domestic violence can be challenging to prove, especially if there are no witnesses or evidence. Nevertheless, a good lawyer should also know how to defend against this and other charges such as domestic assault and battery.
Moreover, most criminal defense lawyers can help a person facing a first-time domestic violence charge, but they must know the charges and what is required to prove them unfounded.
Hiring a criminal defense attorney from the Missouri DWI & Criminal Law Center may be able to help you reduce your charges to disorderly conduct or get the case dropped entirely.
