Articles Tagged with DV

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Domestic Violence Charges

Many victims of a Domestic Violence are unjustly arrested. This happens when, a domestic dispute takes place, and a victim calls #911 for police: When police arrive, the aggressor denies everything, and claims the victim was the aggressor, or provoked the argument. The victim is then arrested. If convicted, penalties are severe, and call for jail terms, fines, fees, anger management counseling and treatment, probation, and other penalties. Consequently the victim is victimized twice.

Often if police are unsure of the facts; who is telling the truth; and there were no eye witnesses, they will arrest the victim as well as the domestic aggressor. It is not uncommon for them to arrest the innocent party. The victim is left wondering why they ever called police in the first place. This happens because police feel pressured into making arrests, less they may be liable for death or serious injury resulting from disputes.

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The two main differences between Misdemeanor Domestic Violence and Aggravated Domestic Violence (felony) Charges are:

  • Classification:  Domestic Violence is a Misdemeanor. Aggravated Domestic Violence is a Felony.
  • Penalties: Misdemeanor Domestic Violence convictions do not carry prison sentences. Felony Domestic violence convictions will result in prison sentencing.  
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Defending Domestic Violence Charges – Misdemeanor and Felony

Common defenses for Misdemeanor Domestic Violence and  Felony Domestic Violence charges are basically the same.  However, since Felony Domestic Violence charges carry prison sentencing, (Misdemeanors do not)  the level of defense that is most critical, if a person is convicted, is the sentencing phase.  Since prison terms apply and prison terms can be lengthy,  the best criminal defense attorneys will tenaciously look for mitigating factors to present that will reduce the prison sentencing terms.  Depending on the circumstances in some cases, the defense attorney may be able to get the charges reduced to Misdemeanor, so that prison sentences may not apply and be avoided completely.

10 Defenses for Felony/Aggravated Domestic Violence Charge