Domestic Violence Charges
Domestic violence is generally defined as the illegal act of threatening, intimidating or committing a violent act against a person with whom one shares an intimate relationship, such as a spouse, a current or former romantic partner, a relative that resides in the same home. When someone calls the police and accuses another individual of having committed domestic violence:
- The accused individual will be arrested once police respond to the scene (in some cases, the accuser may also be arrested; this will be left up to the discretion of the responding officers).
- The arrested individual will typically not be granted bail in the case until he has appeared before a judge in a bail hearing.
- A restraining order will be imposed on the accused individual, forcing this person to legally stay away from the accuser. If the accused individual shares a home with the accuser, then the accused will not be able to return home until the case is resolved. Even then the accused may not be permitted to be at or reside at the home depending on the outcome of the case.
- Even if the accuser wants to later drop the charges against the accused, he or she will not have the power to do so, as the decision regarding whether or not to pursue charges will be entirely up to the prosecutor handling the case.
- Even if the accused individual is later acquitted of the domestic violence charges or the charges are eventually dropped, he may still suffer some serious damage to his reputation, career and family due to the intense social stigma associated with these criminal charges.
Domestic Violence Penalties upon Conviction
While being accused of and charged with domestic violence is serious in and of itself, a conviction will only worsen the accused individual’s situation due to the severity of the penalties that he or she will ultimately have to endure. It’s important to point out that:
- The punishments for domestic violence convictions will depend on whether these charges were filed as misdemeanor or felony charges.
- In many cases, first-time domestic violence charges are filed as misdemeanor charges.
- If an individual has at least three prior domestic violence convictions, any new domestic violence charges will automatically be filed as a Class 5 felony offense, as that individual will be seen as a “habitual offender” in the eyes of the law. Convictions of Class 5 felonies can be punishable by up to four years in prison upon conviction.
Some of penalties that a person convicted of domestic violence may face can include but are not limited to:
- Jail or prison time
- Mandatory probation or parole
- Court-ordered domestic violence and/or anger management classes
- Expensive fines
- Lengthy protective orders that bar the convicted individual from coming into contact with the victim
- The loss of certain rights, such as the right to own a firearm, obtain a hunting license, enlist in the military.
- The loss of a person’s professional license(s), such as his medical license, and teaching credentials.
If you or your loved one has been arrested for and/or formally charged with any type domestic violence, the Griffin Law Firm is ready to immediately start providing you with the strongest possible defense both inside and outside the courtroom. The Griffin Law Firm offers clients more than 18 years in criminal law experience. Part of this experience is aggressively defending the rights of the accused for the past four years.
Regardless of whether you are facing misdemeanor or felony federal charges for the first time or you are facing multiple criminal charges in addition to the weapons charge, we will work relentlessly to help you obtain the best possible outcome to your case because we are committed to upholding the ideal that the accused are innocent until proven guilty.
Contact Us Today
Let’s discuss your defense. To receive a complete evaluation of your case, along with professional advice regarding your best options for moving forward, contact us by calling 303-280-1070 or by emailing us using the form at the top of this page.
The accused are innocent until proven guilty and we believe everyone deserves to be treated fairly.
Christopher Griffin
It is our goal to ensure that every person charged with a crime is given the experienced and caring representation they deserve.
Christopher Griffin