An attorney can advise you as to your options. If this is a first offense, that would mean the accused has never been convicted of a domestic abuse charge, which includes spousal abuse, domestic battery, assault, or battery.
Punishments for a first offense can be enhanced if one of the participants incurred serious injuries or required medical treatment. If one of the participants incurred great bodily harm, the sentence could be even harsher. Some prosecutors or courts may impose much more serious sentences if the defendant is believed to have struck out in ways that could be deemed abnormally violent and cruel. The courts do not want to go easy on offenders who pose a significant threat to society. Whether a domestic violence offense is charged as a misdemeanor or a felony may or may not have an impact on the defense strategy.
Many prosecutors charge crimes as felonies because it gives them leverage. They expect the accused to accept a misdemeanor conviction rather than risking a felony conviction.
Whether it makes sense to negotiate for a misdemeanor when a felony has been charged depends on the facts of the case. An accused who is innocent should never be convicted of anything. An accused who is likely to be found guilty of a felony if the case goes to trial should give serious consideration to accepting a misdemeanor conviction if there are no defenses that will lead to a dismissal. When a prosecutor charges a felony to gain an advantage in negotiating, the strategy may backfire.
If the evidence in support of the felony is weak, an accused may want to ask a jury to return a not guilty verdict rather than making a plea bargain. When the prosecutor charges a misdemeanor, the accused is in a better position to seek an outcome that will not result in a conviction. Click to contact our lawyers today.
Not sure whether or not to accept a plea deal? Want someone to explain a legal term to you? Just call your lawyer and ask.
One of their most important duties is to make sure you are as comfortable as possible with the legal process and what they are doing to secure your freedom.
Whether you have been charged with a domestic violence felony or misdemeanor, the Law Offices of Randall B. Isenberg would like to help. With over three decades of experience in all aspects of the law, Randy Isenberg has a broad understanding of how the legal system works and how to make it work in your favor.
Give us a call at to get started. Call or text or complete a Free Case Evaluation form. Full Name. Email Address Phone Number Tell us a little more about your case optional. The categories of people are as follows:. Defendants can be charged with corporal injury to a spouse or cohabitant. Corporal injury is any physical injury to an intimate partner. Domestic battery is the infliction of force or violence against a spouse or cohabitant. It simply means any unlawful physical contact. Domestic battery is a misdemeanor.
Felonies are those crimes that carry potential sentences of more than one year. Felonies also carry extra consequences, like higher fines and restitution. The prosecutor will review the evidence and make a decision as to whether to file criminal charges against the abuser. A criminal case will require more cooperation and a deeper investigation. As such, the victim should be prepared to supply testimony, medical reports demonstrating prior injuries if possible, and will most likely need to undergo a new medical examination.
If the prosecutor decides not to file charges or the criminal case is unsuccessful, the victim may still file a private civil action to potentially recover damages for any harm done. There are several types of protections and remedies available for domestic violence victims. Some of these include:.
Domestic violence claims are very serious legal matters. Thus, you may want to consider hiring a local family lawyer if you want to file a civil action based on a domestic violence incident. Your attorney can also represent you in court and assist you in recovering any damages that you are rightfully owed. Jaclyn Wishnia. Jaclyn started at LegalMatch in October Her role entails writing legal articles for the law library division, located on the LegalMatch website.
Prior to joining LegalMatch, Jaclyn was a paralegal and freelance writer. After several years of working for both criminal defense and entertainment law firms, she enrolled in law school. While in law school, her law journal note was selected for first-round publishing, and can be found on various legal research databases.
Jaclyn holds a J. Cardozo School of Law, specializing in both intellectual property law and data law; and a B. You can learn more about Jaclyn here. Jose Rivera. Law Library Disclaimer. Can't find your category? Click here.
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