What Are The Penalties If Convicted of Domestic Violence?
The penalties for a domestic violence conviction are not to be taken lightly. They hinge on the severity of the incident and the defendant's criminal record. Even at the lowest end of the scale, everyone will be mandated to undergo a 52-week domestic violence course, attending classes once a week for a year.
In addition, almost everyone will be put on probation for three years. There will also be a domestic violence fine. Beyond that, it will depend on what happened, and the consequences of a domestic violence conviction will vary.
In severe cases, the guilty party will face dire consequences. If it's a misdemeanor, they could serve up to a year in the county jail, and if it's a felony, they could serve up to six years in prison. Depending on the injuries, the jail sentence could be even longer.
If alcohol were involved in the incident, the person would have to attend AA meetings and provide community service. The judge can also impose anger management courses. However, it's important to note that the prosecutor plays a significant role in determining these penalties. It depends on what happened and what the prosecutors feel will get the person in line so that they do not do anything related to their spouse.
It's crucial to have evidence in domestic violence cases. I've seen cases where charges were brought by a person who had no injuries but claimed their partner struck them. It's much more helpful if someone has visible injuries or can otherwise prove their partner hit them unlawfully, such as with video footage.
In most cases, however, there is no video footage of acts of domestic violence. When a person claims to have been struck but has no injuries to show for it, the defense will use that to their advantage. The police will also have to make a judgment call as to whether or not they are going to make an arrest. This decision is based on various factors, including the severity of the incident and the credibility of the parties involved.
Potential Defense Strategies For Domestic Violence Cases?
Many defenses can be used in domestic violence cases, but they are primarily fact-specific. In other words, every fact and piece of evidence involved in the patient will need to be considered before a specific defense can be formulated.
Self-defense is absolutely a valid defense; if a person injures someone in defending themselves from an attack, then that is not a crime. However, the key to self-defense is that the person who was defending themselves must have used a reasonable amount of force. For instance, if someone is being verbally abusive, it would not be considered reasonable to respond with physical force.
Suppose someone goes too far in defending themselves. In that case, they will be determined to be the aggressor who acted unreasonably under the circumstances. They will be arrested, charged with domestic violence, and looked at a host of punishments. Contact the Hedding Law Firm for help.