Tempers can run high when intimate partners get into arguments or disputes.
When one party reports a crime to the authorities, the accused may be charged with domestic violence.
After a report has been made, the alleged victim cannot drop the charges; only the state can.
Common domestic violence crimes include assault and/or battery, stalking, sexual battery or rape, and false imprisonment or kidnapping.
If you are charged with any of the aforementioned, contact a criminal defense attorney immediately.
Here's why.
Possible Outcomes Most domestic violence complaints are filed by husbands or wives, but they may also be filed by domestic partners who are not married, i.
e.
, girlfriends or boyfriends.
If convicted, a person may be subject to mandatory jail time - especially if there were injuries.
A guilty plea or verdict will also remain on his/her permanent criminal record and may not be sealed or expunged.
If the person is an undocumented immigrant, a conviction for domestic violence may be treated as a deportable offense.
Depending on the facts of the case, the defendant may also be sentenced to mandatory counseling.
It is also a fact that not every claim of domestic violence is truthful.
Sometimes husbands, wives, boyfriends, and girlfriends get so angry at their significant others that they file false charges.
These unfounded accusations can, and often do, adversely affect the lives of their partners.
But, as we mentioned, they may not be rescinded after a report has been made.
It is up to the state to decide whether or not it wishes to pursue the case.
How A Lawyer Can Help Whether you were falsely or justifiably accused of a crime, you will need to contact an experienced criminal defense attorney as soon as possible.
This is particularly true if the alleged victim was injured during the incident or if you have a prior conviction for domestic violence.
In either scenario, you may face mandatory prison time.
Your only viable option is to hire a reputable attorney who can examine the facts of the case and create a solid defense strategy.
Possible Defenses If falsely accused, your lawyer may argue that a spiteful spouse or family member reported baseless charges.
But even if the allegations have merit, there may be extenuating circumstances.
It may, for example, be possible to argue that child custody disputes, mental health issues, alcohol, drug, or substance abuse acted as precipitating factors in the incident.
All of these avenues must be explored by a legal professional if you are to avoid a guilty verdict.
If the deck is solidly stacked against you, an experienced criminal defense attorney may be able to negotiate a plea bargain agreement.
This is a common legal strategy that is used when a defendant has a criminal history and/or faces mandatory jail time if convicted.
Whether you are guilty or innocent, a criminal defense attorney can help you protect your legal rights in court.