Domestic Violence Charges: Felony or Misdemeanor?

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Have you been charged with domestic violence? If so, you best take activity quick in order to protect your legal rights. Domestic violence is one fee that is taken very seriously, yet it is oftentimes abused in bitter breakups, contested divorces and child custody battles. Even if you are entirely innocent of the allegations against you, you could still end up with a criminal conviction.

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How is Domestic Violence Charges: Felony or Misdemeanor?

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There is a lot of heat on law obligation to put a stop to domestic violence. When they receive a call, they can arrest the accused regardless if there is any credible evidence at the time of arrest. Since there are often times no other witnesses to the event, they have to take the word of the supposed victim as factual data at the time of arrest.

This "overkill" by law obligation can ultimately get you into a lot of issue with the prosecution. Even if the alleged victim decides to drop all charges against you, it will be entirely up to the prosecution whether or not to move send with the charges. For this reason, it is very leading that you maintain your own legal representation. Failure to hire a inexpressive attorney can cost you your leisure and your parental possession if you are ultimately found guilty.

What exactly is domestic violence? Domestic violence refers to violence in the middle of spouses, habitancy who live together, habitancy who share a child in common, or habitancy whether in a association or habitancy who were formally in a relationship. It encompasses any type of corporeal violence including: pushing, shoving, hitting with an open hand, punching, kicking, remarkable with an object, choking, spousal rape, sexual strike or any other type of unwanted sexual contact. Face of relationships, these types of acts would otherwise be criminalized under assault, battery and sex crimes. whether they are taken out against a perfect stranger, or your spouse, they are illegal whether way and are punishable to the full extent of the law.

Domestic violence charges can be filed as whether a misdemeanor or a felony. How they are filed will be up to the prosecutor and will be based on the extent of the injuries, and any prior reported incidents for the accused. If the accused does have a prior criminal history and/or a history of domestic violence on record, both will have an result on how the charges are ultimately filed against the accused.

A misdemeanor conviction can result in a brief jail sentence for the accused. They can also be required to take anger management classes or partake in a domestic intervention program. They can be required to perform community service, they may be branch to discrete fines and/or charitable donations and they may be branch to a Stay-Away Order which prohibits them from contacting the victim.

A person convicted of a felony is branch to the same penalties as above; however, they face lengthier prison sentences, and greater penalties. Fortunately, domestic violence charges can be fought by an aggressive attorney. In many cases, habitancy who are accused of domestic violence can have opportunities to accept alternatives to jail sentencing such as probation or counseling. In some cases, your lawyer may be able to get your case dismissed without you ever having to appear in court. If you have been accused of domestic violence, you don't want to risk your time to come and your leisure by manufacture any mistakes. Palpate a very noteworthy criminal defense attorney who has Palpate in handling these types of cases without delay.

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