What happens when I am charged for domestic violence? 51 Answers as of July 10, 2013

A friend got charged for domestic violence and I would like know the legal interpretation of the charges he is facing.

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Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
Thank you for your inquiry Domestic violence is a subset of assault and battery. It is the non-consensual harmful or offensive touching of another, or putting the person in imminent fear of same. An added element is that the persons live or lived together, or they share parentage of a child. The offense is a misdemeanor, and there is a first offender treatment under MCL 769.4a. This posture of the case will effectively keep the matter off your public record. I hope that this was helpful. For more information, your friend should contact the office and make an appointment oto discuss the facts in his case and what options he will face.
Answer Applies to: Michigan
Replied: 7/26/2011
Jules N. Fiani, Attorney at Law
Jules N. Fiani, Attorney at Law | Jules Fiani
Probation, court fines and costs, anger managment classes, and community service.
Answer Applies to: Michigan
Replied: 7/22/2011
Michael Breczinski
Michael Breczinski | Michael Breczinski
Is this his first time for this? This makes a difference because there is a law in place that allows first time offenders to take anger management and avoid the stigma of a criminal conviction. This can be a misdemeanor which carries up to 93 days in jail and or a healthy fine. He needs an attorney.
Answer Applies to: Michigan
Replied: 7/20/2011
Smith & John
Smith & John | Kenneth Craig Smith, Jr.
A fine and up to 6 months in jail, unless the sentence is probated. Probation will usually require anger management classes and community service.
Answer Applies to: Louisiana
Replied: 7/20/2011
The Law Office of B. Elaine Jones
The Law Office of B. Elaine Jones | B. Elaine Jones
A person that is criminally charged for domestic violence is generally being charged for a misdemeanor battery and/or assault. If there was any choking or impeding the breath of the alleged victim, it will be a 3rd degree felony in Florida punishable up to 5 years in prison. I hope that answers your question. For more on the felony domestic violence issue check out my website at www.belainejoneslaw.com for an article on the law that was enacted in October of 2007 to strengthen the domestic violence laws.
Answer Applies to: Florida
Replied: 7/20/2011
    Osterman Law LLC
    Osterman Law LLC | Mark D. Osterman
    I frequently remind people that domestic violence has a tail that wags the dog. Being charged means you are now forever in the computer data base. Our criminal justice system, as OJ and Casey Anthony haveshown, is about "you are a criminal even if you are not convicted." So once charged, guilty to anyone that sees your record, and the record never goes away. It can impact a purchase of a firearm, a state or federal backed loan and even a job. See Bd. of Nursing v. Platt.Even if the judge declares that the judgment of conviction does not exist, the State can still use it against you in employment and licensing issues. If convicted, then it gets worse. Under Clinton, an omnibus Crime Act was passed. It essentially declares an act of violence against women to be an act of terrorism. No one has ever used the law, and that scares me to no end. Some one will use it and the cat is out of he bagthe tail wags the dog. If convicted, the Feds make having a gun in possession a felony, even if the state does not. The state Troopers like to use this act to make referrals to the Feds of people they do not like for a 5 year trip to Federal prison. Of course they deny it but years ago, I saw it happen and it was reported in the Anchorage Daily News. Your friend needs a good lawyer and some cash to make the lawyer work hard. His life may depend on this. At a time of high unemployment, will he get unemployment? Student loans? Our society is trying to find ways to preserve money and punish people. Read the Platt case and I think you will get an idea of this attitude. Good Luck to your friend!
    Answer Applies to: Indiana
    Replied: 7/20/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    Domestic violence means thata person is charged with the offense of harassment, assault, criminal mischief, menancing, or some other charge, and that the person who is the victim is related by blood or marriage or that there is an intimate relation between the victim and the defendant. The effect of a conviction of a domestic violence charge is that the person who is convicted forever loses their right to won or possess a firearm.
    Answer Applies to: Alabama
    Replied: 7/20/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Legal interpretation will be left up to a jury. If you can tell me the facts, I can tell you whether the facts constitute a crime.
    Answer Applies to: Washington
    Replied: 6/26/2013
    Law Office of Joseph Schodowski
    Law Office of Joseph Schodowski | Joseph Schodowski
    Domestic Violence related offenses can result in an laundry list of harsh penalties and consequences. These can include potential jail time, stiff fines, a requirement that you provide a DNA sample, Domestic Violence Batterer's Treatment (usually one year in length), an order that you have no contact with the alleged victim, or other family members including your own children, removal from your home and the loss of right to possess firearms, for life.
    Answer Applies to: Washington
    Replied: 7/19/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    This response is general information only and does not establish an attorney client relationship. However, I would need further information as to all the facts and circumstances to answer properly.
    Answer Applies to: New York
    Replied: 7/10/2013
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    There kay be some jail time and probation; possible anger management classes; fines and court costs. Also there is an issue of a no contact order. He may not be able to move back into the house he was living at with his wife / girlfriend.
    Answer Applies to: Washington
    Replied: 7/19/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    You are making this more complicated than it needs to be. He is charged with a Criminal offense which could result in jail time, fines and costs, possible probation, anger management counseling, no contact order for the person he allegedly assaulted, get a lawyer. This e-mail is covered under the Electronic Communications Privacy Act, 18 USC 2510-2521, and is legally privileged. The information contained in this e-mail is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited.
    Answer Applies to: Michigan
    Replied: 7/19/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    New Hampshire has no charge of Domestic violence. New Hampshire has simple assault and it may be deemed DV related. This distinction is somewhat academic as the federal law define a crime of domestic violence and causes the loss of the ability to have firearms. Your friend should really meet with a criminal defense lawyer to discuss all the consequences and options available. Most lawyers will meet initially for no charge.
    Answer Applies to: New Hampshire
    Replied: 7/19/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    You have both federal and state problems if a conviction results. Really a question he/she needs to ask of their attorney. Hope they are not in the military or don't like to hunt, because even if a misdemeanor they will never be allowed to own a weapon.
    Answer Applies to: Nebraska
    Replied: 7/19/2011
    Pontrello Law
    Pontrello Law | William Pontrello
    if found guilty, Approx. $800.00 fines 1 year probation. 26 weeks of anger management.
    Answer Applies to: Florida
    Replied: 7/19/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    Domestic violence is an assault and battery inflicted upon a family member, a spouse, former spouse, person whom you have a child with, or a person with whom you have had a dating relationship. On a first offense, many courts are willing to allow a person to plea to a deferred sentence. As part of the deferment, the person will have to attend anger management couseling and after generally a year, if they complete all requirements, the plea is withdrawn and charge dismissed. Otherwise, domestic violence is a 93 day misdemeanor.
    Answer Applies to: Michigan
    Replied: 7/19/2011
    Law Offices of Jacek W. Lentz
    Law Offices of Jacek W. Lentz | Jacek W. Lentz
    If you get charged you call a lawyer. Please do not attempt to deal with something like domestic violence by yourself. You will most like make your situation worse. Ideally, you should contact a lawyer before any charges are filed. Sometimes a lawyer can nip things like these in the bud. You will also need advice about what to expect and how you should act or not act in the event you are being investigated.
    Answer Applies to: California
    Replied: 7/19/2011
    Michael R. Nack, Attorney at Law
    Michael R. Nack, Attorney at Law | Michael R. Nack
    I would have to see the information, complaint, indictment or whatever other charging document has been filed with the court in order to be able to address you question. But I can tell you that your friend needs to hire the very best criminal defense attorney he can afford.
    Answer Applies to: Missouri
    Replied: 7/19/2011
    Eric M. Mark, Attorney at Law
    Eric M. Mark, Attorney at Law | Eric Mark
    Domestic violence is not a charge. There must be an underlying charge such as assault, harassment or criminal mischief. You need to provide more information.
    Answer Applies to: New Jersey
    Replied: 7/19/2011
    Expert Bronx Criminal Lawyers
    Expert Bronx Criminal Lawyers | Alexander Sanchez
    Someone facing a domestic violence charge is facing criminal prosecution. Domestic violence charges can range from simple assault, or harassment, to attempted murder. The common feature of a domestic violence charge is that the parties have a relationship with each other, usually martial. A person facing domestic violence related charges is entitled to the same rights as any other person facing criminal charges. Orders of protection are routinely issued to the complaining witness in a domestic violence case, barring the defendant from any contact with the alleged victim, or the victim's children. If the children also belong to the defendant, then the defendant will have to go to family court for visitation rights. Domestic violence charges can result in jail, probation, an anger management program, fines, a permament order of protection, a conditional discharge, or any combination of the above.
    Answer Applies to: New York
    Replied: 7/19/2011
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    Hello- In Colorado, depending upon the nature of the underlying offense, it is usually a maximum of 1-2 years in jail, domestic violence classes, fines and costs. For a first time offender, probation is likely. Under federal law, persons convicted of domestic violence are not allowed to possess firearms.
    Answer Applies to: Colorado
    Replied: 7/19/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Domestic Violence is also referred to as Assault 4th Degree. It is classified as a gross misdemeanor (not a felony), and is punishable by a maximum of 1 year in jail and a $5,000.00 fine. There is no mandatory jail time if convicted. How much time a person does depends upon what kind of a criminal history the defendant has and how bad are the facts of the case. Most likely a person would get a suspended sentence, which means the court would suspend all or a portion of the jail time, and all or a portion of the fine, for 2 years, subject to certain conditions imposed by the court, to include, no contact with the victim (if you violate a no contact order that is in place, that becomes a new charge, and could be a felony), attend and complete a batter's counseling program (this may run 18 months and defendant has to pay for the program), the defendant is also prohibited from possessing any kind of firearm or dangerous weapon until that right is re-instated by the court; also defendant must maintain law abiding behavior. If you violate any of the terms and conditions imposed by the court, it may subject you to additional penalties under the assault case, and potentially new charges, depending upon what the violation is. An assault conviction can also have an impact upon one's job, or the ability to be hired. Bottom line: this charge must be taken seriously. Seek out a competent attorney to assist you.
    Answer Applies to: Washington
    Replied: 7/19/2011
    Law Offices of Sean Logue
    Law Offices of Sean Logue | Sean Logue
    Its the same as any assault and/or battery charge. I handle domestic cases. My website is listed here if I can help.
    Answer Applies to: Pennsylvania
    Replied: 7/22/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Depends upon the charges. Youll learn the actual charge[s] filed against you when you appear for arraignment at your first court hearing. The prosecutor can amend at any time he feels he can prove additional or different charges. The charges determine how much time would be imposed if convicted. In general the prosecutor will vigorously prosecute a DV, regardless of what the victim wants. When charged with a felony, you potentially face one or more years in prison if convicted; on a misdemeanor, you potentially face up to 6-12 months in jail. Multiple counts and charges multiply your problems. If you have priors and strikes, they are penalty enhancements under the 3 Strikes rules. If this constitutes a probation or parole violation, factor those new and old charge[s] in as well. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? A little free advice: exercise the 5th Amendment right to SHUT UP and do NOT talk to anyone about the case except an attorney. Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. While this isn't a 'capital case', you certainly face potential jail and fines, so handle it right. You can hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. He will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.
    Answer Applies to: California
    Replied: 7/19/2011
    The Law Offices of Christopher J. McCann
    The Law Offices of Christopher J. McCann | Christopher J. McCann
    It means that he has committed an act of violence against a cohabitant, spouse or parent of one's child. They generally fall into one of two code sections: Penal Code 273.5(a) which can be a felony or a misdemeanor, or Penal Code 243(e)(1), which is only a misdemeanor. PC 273.5(a) requires a visible injury but PC 243(e)(1) does not. A conviction may result in jail time, depending on the nature and extent of injuries and any prior criminal history. There will also be fines and a 52 week domestic violence program is required.
    Answer Applies to: California
    Replied: 7/19/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    Domestic violence is an assault against a family members as that phrase is defined in the code. It means commiting an act that caused the person bodily injury - which means pain. If it is a first offense, then it is a class A misdemeanor and carries up to 1 year in jail as punishment (with deferred and probation as possibilites.) If it is a subsequent offense, it is automatically a felony. The person needs a lawyer to represent them.
    Answer Applies to: Texas
    Replied: 7/19/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    What do you mean charged with domestic violence? Has your friend been arrested for assault against a family member? Or is this a case of divorce in which domestic violence is alleged? There is a significant difference in the two.
    Answer Applies to: Texas
    Replied: 7/19/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    It depends on what section of the penal code he is being charged with. If his charge is a PC 273.5 [Corporal Injury to Spouse] and it is being charged as a misdemeanor, he could be facing 0 days to 1 year in county jail. If he is being charged with a felony (usually requires great bodily injury or some other aggravating circumstances) then he could be facing two to four years in prison. This is a crime of moral turpitude so he must be aware of any immigration consequences he could possibly be facing. If he pleads to the 273.5, he will not be able to possess or own firearms for a period of ten years. Keep in mind that he must appear with his attorney on the first court date because he will likely be served with a protective order.
    Answer Applies to: California
    Replied: 7/19/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Domestic violence can encompass several different charges, what they all have in common is that the crime is involving a domestic relationship. This can be a current or former married couple (either heterosexual or homo sexual), a dating relationship (both current or former), a familial relationship or similar. The type of relationship is the key to a domestic charge. The charges can be as little as a disorderly conduct up to physical violence between the parties.
    Answer Applies to: Kansas
    Replied: 7/19/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    "Domestic violence" is not an actual charge in and of itself. It's the circumstance under which an offense may have been committed. In domestic violence cases there are usually special departments in the prosecutor's office that only handle those kinds of cases. There could be any number of charges involved like harassment, assault, etc. It all depends on the circumstances.
    Answer Applies to: New York
    Replied: 7/19/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    The person charged has been charged with a criminal offense brought by a person with whom he had a relationship, be it a wife, child, girlfriend, or family member with whom he had lived together with, etc. The offense is serious. The offense could be a battery (most common offense), assault, (verbal), stalking, criminal damage to property, and phone harassment. Not knowing the facts involved in the case, and the defendant's past criminal history, I cannot give an accurate assessment of the outcome in the case, suffice to say he better get a good criminal defense attorney to represent him before going to court.
    Answer Applies to: Illinois
    Replied: 7/19/2011
    Cornish, Crowley, Rockafellow, & Sartz, PLLC
    Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
    I'd recommend that your friend retain an attorney to assist him with this matter. Most attorneys provide free initial consultations. If your friend needs specific legal advice for his particular circumstances, he needs to consult directly with an attorney. Your friend is presumed innocent until proven guilty. The prosecuting authority would need to prove any allegations beyond a reasonable doubt. This answer does not contain specific legal advice. Speaking generally, "Domestic Violence," first offense, in Michigan, has similar elements to a simple assault and battery misdemeanor charge with the key difference being that the incident involved an alleged family member or member of the household. If convicted, the maximum possible penalties for a first time offender are up to 93 days in jail, probation up to two years, fines, costs, or other sanctions. Anger management classes are frequently recommended as part of any sentence as well. However, the maximum possible penalties for this offense may escalate to a higher level misdemeanor if a person has prior convictions for this type of offense. Further, the maximum penalties may escalate to higher level misdemeanor or the original charge may turn into a possible felony charge if there were significant injuries to other parties and/or if some type of weapon was involved. Lastly, these allegations may also trigger parole or probation violation proceedings if the person as already serving a sentence for a different criminal offense. Even if a person is ultimately acquitted of a domestic violence charge while on probation or parole for a separate matter, they may still be convicted of a possible parole or probation violation simply from allegations related to any sort of alleged violent offense. The burden of proof is lower for probation and parole violation hearings than it is for the criminal charge. If a person is charged with domestic violence, they need to strongly consider that the charges could be possibly enhanced depending on the alleged facts and just the charges themselves may have significant consequences if they were already on probation or parole for a separate offense. In addition to possible parole or probation issues, these types of allegations may also be an issue if there are any future legal proceedings involving family-court related matters (divorces, personal protection orders, motions for custody, etc.) or possible personal injury claims as well. In other words, these charges may have implications that go beyond just the pending criminal case. Further, many judges add "no-contact" provisions to a bond so person charged cannot have any interactions with other particular parties as the case proceeds. This "no-contact" provision can certainly complicate a living situation if the parties had been living together previously. These cases may take months to finish and people may be forced to alter their living arrangements as the case proceeds. If it's a person's first offense and if, hypothetically, they were interested in a possible plea (i.e., pleading guilty), there are diversionary programs potentially available that could keep any conviction off a person's public record. I'd recommend your friend retain an attorney to assist him with this matter. While the charges are considered a "low-level" misdemeanor for first time offenders, they can still have significant ramifications that go far beyond the pending criminal case, especially if the parties have a significant history together. It's a fairly serious allegation, especially because it involves alleged violence. If your friend cannot afford to retain an attorney, the court may appoint an attorney to represent him at the public's expense. Most attorneys provide free initial consultations. Effective legal advocacy may make a significant impact on the possible outcomes of this case.
    Answer Applies to: Michigan
    Replied: 7/19/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    Please go to wklaw.com and you will find the legal definition for the crime of spousal abuse. You will also find all defenses to the charge and possible punishment.
    Answer Applies to: California
    Replied: 7/19/2011
    Frances R. Johnson
    Frances R. Johnson | Frances R. Johnson
    What your friend could be facing completely depends upon the exact charge (level of assault), facts of what occurred, as well as any possible criminal history. There are too many variables for me to give you a response based upon the question posed.
    Answer Applies to: Colorado
    Replied: 7/18/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    It depends. There is a misdemeanor DV as well as a felony. If it's a felony, he could potentially be facing prison time. With a misdemeanor, at most he would get county jail. More than likely probation. If he has no other priors, he may be able to keep it off his record. He should retain an experienced criminal lawyer as soon as possible.
    Answer Applies to: Michigan
    Replied: 7/18/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    When you are charged with assault or harassment of a spouse or family member it is sent to a Unified Domestic Violence Court. An Order of Protection is issued and you will usually have to attend anger management classes. If you complete the course and refrain from violating the Order of Protection you will be allowed to plead to a reduced charge and placed on probation unless there were serious injuries. If you injured someone you may face a jail sentence.
    Answer Applies to: New York
    Replied: 7/18/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    Any crime committed against a person with whom the defendant had a relationship as a 'couple' qualifies as a 'domestic violence' offense in Colorado. It is a 'sentence enhancer', not a charge by itself. It goes with some other charge (like Harassment or Assault or Criminal Mischief, etc.)
    Answer Applies to: Colorado
    Replied: 7/18/2011
    Law Office of Michael Brodsky
    Law Office of Michael Brodsky | Michael Brodsky
    "Domestic Violence" or DV, is merely the label a prosecutor can place on a criminal offense - usually Assault or Malicious Mischief - that permits the court to add certain sanctions - such as a pre or post- conviction no-contact order - it would otherwise be unable to add. To be DV, the crime must involve a family member, member of the same household (including roommates) or a person in a "dating relationship" A conviction that includes the DV tag could lead to a loss of the right to possess a firearm and other prohibitions. Any DV charge is serious and your friend needs a good criminal defense attorney.
    Answer Applies to: Washington
    Replied: 7/18/2011
    Michael Maltby, Attorney at Law
    Michael Maltby, Attorney at Law | Michael Maltby
    When you are charged with domestic violence (DV) there is normally a protection order entered prohibiting contact by the accused with the alleged victim. After that anything can happen from dismissal of the case to having a jury trial. It is driven largely be the facts and the quality of the evidence and any prior incidences of DV. This is a serious charge that carries up to a year in jail if only charged in District Court. It is important to get a lawyer with experience with DV cases.
    Answer Applies to: Washington
    Replied: 7/18/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    What legal interpretations? He/she is charged with beating, choking or fighting with a family member. If it is the first time, it is a misdemeanor. If it is not, then it is a felony.
    Answer Applies to: Georgia
    Replied: 7/18/2011
    Gonzalez Law Associates P.C.
    Gonzalez Law Associates P.C. | Carlos Gonzalez
    Domestic violence isn't a charge, essentially it could be many other charges. It really only describes that a certain crime was committed against a family member, spouse, boyfriend/girlfriend type of relationship. The charges could be assault, menacing, harassment or any host of other charges. Get the person to speak to a good defense attorney right away..
    Answer Applies to: New York
    Replied: 7/18/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    A fifth degree domestic assault can be very serious. It requires that you acted with an intent to harm someone or that the other person was in reasonable apprehension of physical harm from an act. If it is a first offense, it was likely charged as a misdemeanor, punishable by up to 90 days in jail and a $1,000 fine. However, the collateral consequences of a conviction are extremely significant and, arguably, more severe than the criminal penalties themselves. As a result, it is extremely important to protect your public and criminal record. First, if convicted of a fifth degree assault or any assault offense, employers who require a background check will not hire you. That is particularly true if you work closely with customers or in some other service oriented profession. Second, many landlords now perform background checks for applicants and, if you decide to rent, you may be denied an apartment with a crime of violence such as an assault on your record. Third, a conviction for assault may result in licensing problems for certain occupations or interfere with acceptance into some schools of higher learning.Finally, it is also compelling that a non-citizen may suffer deportation and, even a citizen would lose their right to possess a weapon ,even for hunting purposes, after a conviction. Often, the best defense is a good offense. In most instances, an argument for self defense may be made and Motions should be served to acquire all statements and medical records from the prosecution. Often, with skilled legal representation jail time and convictions can be avoided.
    Answer Applies to: Minnesota
    Replied: 7/18/2011
    Law Office of Neal L. Weinstein
    Law Office of Neal L. Weinstein | Neal L. Weinstein
    There is no interpretation of the offense. But a person could be charged with DV assault, DV reckless conduct, or DV terrorizing, stalking or criminal threatening. It is generally a Class D charge, carrying a max penalty of less than 1 year in jail and fine of less than $2,000. If there is a prior offense, it could be a Class C felony with up to 5 years in jail. However, you need to first go to the arraignment date and plead not guilty and pick upon the discovery, and then a new date will be set in the District Court, if a misdemeanor, to discuss the case with an ADA to try and resolve the case. You are going to be on bail, most likely, and be ordered to have no contact with the victim, and no use or possession of alcohol or illegal drugs. You can resolve the case by pleading guilty.(don't do this), or pleading guilty to a charge without the "Domestic Violence" attached to it, which eliminates many bad future consequences, by getting a fine, probation, supervised release, and jail. YOU NEED TO HIRE AN ATTORNEY IMMEDIATELY.
    Answer Applies to: Maine
    Replied: 7/18/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    "Domestic Violence" can run the gamut of possible charges - everything from misdemeanor assault charges up to felony charges with 4 years state prison potential. What matters is the extent of any injury, the level of force used and what the conduct (present event as well as any prior conduct - either with the same alleged victim or in the past). Your friend needs a good criminal defense attorney in their corner. They are facing jail (if not prison) time, probation and 52 weeks of anger management counseling.
    Answer Applies to: California
    Replied: 7/18/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    There are a number of statutes on DV, depending on the severity of the case. Is it PC 273.5(a)? 243(e)(a)? Or is it a felony? You have not provided enough info for me to answer your question.
    Answer Applies to: California
    Replied: 7/18/2011
    Law Office of John E. Gutbezahl LLC
    Law Office of John E. Gutbezahl LLC | John E Gutbezahl
    Domestic violence can be any of number of charges including assault, coercion, menacing and more. Each case is different but the alleged victim has to be identified as a household member or intimate partner. I have had great success in defending these types of cases most recently having won a jury trial two weeks ago for an Assault, Menancing and Strangulation. Please feel free to contact me to set up an appointment or any follow up questions.
    Answer Applies to: Oregon
    Replied: 7/19/2011
    Laguzzi Law, P.C.
    Laguzzi Law, P.C. | Carina Laguzzi
    There is no specific charge of "domestic violence" so he would have gotten charged based on the alleged conduct he participated in (i.e. burglary, simple assault or attempted murder). Depending on what the allegations are depends on the charges he is facing and the degrees charged (i.e. misdemeanor or felony). Without knowing the alleged conduct, I cannot even begin to speculate what his charges are. He should hire an experienced criminal defense attorney.
    Answer Applies to: Pennsylvania
    Replied: 7/18/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    If it is a first offense and the other party (notice I didn't say woman as men are often battered by their spouses as well)was not seriously injured (ie. a shove, a slap, etc)your friend will most likely get 52 weeks of anger management classes - an expensive pain in the ass but better than county jail. If on the other hand your friend has a prior or really hurt the other person, they are going to gethurt by the court.
    Answer Applies to: California
    Replied: 7/18/2011
    Law Offices of Elliott Zarabi
    Law Offices of Elliott Zarabi | Elliott Zarabi
    Well, that all depends on whether he/she is being charged with Domestic Violence as a felony (which means the person really physically hurt the other person) or they simply touched the other person which would be a misdemeanor. First time DV usually is probation, second time probably some jail time... Felony, probably some incarceration... Need more facts. Feel free to contact my office and I would be glad to give you or your friend a free confidential consultation.
    Answer Applies to: California
    Replied: 7/18/2011
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