Domestic Violence Charges
With the advent of political correctness, federal funding, and state mandates, Domestic Violence has become an industry unto itself. In a domestic disturbance, it is not uncommon for the “law of the West” to prevail, and that the man is arrested. The most common person crime charges in a DV case are Assault in the First Degree, Harassment, Criminal Mischief, Strangulation, and Interfering with a 911 Call.
People with their first experience being arrested in this realm are usually eligible for a Domestic Violence Deferred Sentencing Program, which requires participation in a batterer’s intervention programming of well over a year, no contact for substantial periods of time with their spouse or partner, going through an alcohol treatment program and paying a fine. Upon successful completion of the program, the matter is dismissed with prejudice. If a person does not successfully complete the program, they are sentenced – usually being subject to up to one year in jail, being put on formal probation for a number of years, and undertaking the treatment program over again.
It is important to note that a conviction for Assault IV in a domestic violence matter requires the forfeiture of a person’s constitutional right to own or possess a firearm for the rest of their life.
These cases are given priority by the District Attorney and the Courts. In defending a Domestic Violence charge, it is important to investigate and be as aggressive as possible. It is not uncommon for parties who are fighting to either embellish or fabricate details to police officers in order to put the person they are angry with in as difficult a position as possible.
As an experienced criminal defense lawyer, I have represented numerous parties in these matters. I have had a number of dismissals. It is necessary to be aggressive.