Everything you need to know when charged with domestic assault, and how we attack the issue head on to either vindicate you or mitigate your charges
What Qualifies As Domestic Assault & What is the penalty?
To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
- The accused assaulted or assaulted and battered the complainant.
- At the time, the complainant was one or more of the following:
- the accused’s spouse
- the accused’s former spouse
- a person who had a child in common with the accused
- a resident or former resident of the same household as the accused
- a person with whom the accused had or previously had a dating relationship
- A person convicted of a misdemeanor crime of domestic violence is precluded by federal law from possessing a firearm.
- It is not required that the second or subsequent offense have been committed against the same victim or that the subsequent victim share the same kind of relationship with the defendant as the previous victim(s).
First offense: misdemeanor punishable by imprisonment for not more than 93 days, a fine of not more than $500, or both.
Second offense: misdemeanor punishable by imprisonment for not more than 1 year, a fine of not more than $1,000, or both.
Third offense: felony punishable by imprisonment for not more than 5 years, a fine of not more than $5,000, or both.
What will we do as your Defense Attorney?
These are very serious charges that require an aggressive defense in which all of the facts of the case are thoroughly reviewed. We listen carefully to what our clients tell us in order to both put together a strong defense and mitigate sentencing. We do this in several ways.
First, we never take for granted that the police report is an accurate representation of the incident in question. These reports are usually very biased towards convicting the accused, and are therefore often filled with inconsistencies. We use our client’s testimony, research, private investigators, and crime scene visits to poke holes in the prosecution’s case, and ultimately, prove your innocence or argue that the facts are so that a lenient sentence is appropriate. We always visit the scene of the crime. It’s the only way to learn details showing that the police investigation was flawed or that the prosecution’s eyewitness could not have seen what he or she claims.
The strongest defenses for assault are consent, protection of property or person, and, especially for specific intent crimes, lack of intent. We will use all of the facts in your case to lobby for either dropping the charges or reducing the charge to a lesser offense.
If the accused is between the ages of 17 and 24 they may be eligible to qualify for a sentence under the Holmes Youthful Trainee Act (HYTA). This Act allows the client to plead guilty, but have the offense dismissed by the court if he or she satisfies the terms set by the court. HYTA does not apply to any felony where the maximum penalty is life imprisonment (such as First Degree Arson). With that said, we always try to plea down to a non–life offense such as simple Second Degree Arson, so that HYTA is available.
Convincing the prosecutor to reduce the charge to assault should always be on the table. Mitigating factors that we look out for are things like the state of mind of the accused and whether they were acting in a desperate manner due to drugs or alcohol. Also important is the nature of the relationship between the accused and the victim. Was there provocation? In other words the punishment must fit the crime or we will not stand for it.
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Why work with us?
- Tenacious representation for an AFFORDABLE PRICE!
- Weekend meetings & Consultations Available!
- Educated on Modern Issues & Laws!
Tel: (734) 263-1193