Certain crimes fall under the category of domestic violence when they occur between individuals who have a specific relationship. These relationships can include:
- Spouses or former spouses
- People in a current or former romantic relationship
- Parents and children
- Two parents of the same child
- Roommates or household members
If the accused and alleged victim have one of the above relationships, some criminal offenses will constitute domestic violence.
Domestic Violence Charges
There are different charges that can stem from domestic violence allegations. The following are some charges you might face:
Third-degree domestic violence –This charge results from conduct that would constitute third-degree assault, reckless endangerment, harassment, harassing communications, menacing, criminal coercion, criminal surveillance, third-degree arson, third- or second-degree criminal mischief, or third-degree criminal trespass.
Second-degree domestic violence –This charge results from conduct that would constitute second-degree assault, stalking, second- or first-degree burglary, first-degree criminal mischief, or witness intimidation.
First-degree domestic violence –This charge results from conduct that would constitute first-degree assault or aggravated stalking.
Domestic violence by strangulation or suffocation –This charge applies when the accused commits an assault with the intent to cause harm by actual or attempted strangulation or suffocation.
Possible Penalties
If you are convicted of one of the above charges, you can be sentenced to time in jail or prison, fines, and restitution payments. Even if you get probation instead of jail time, you will be subject to strict conditions that can impact your freedom and finances.
In addition to domestic violence charges, many people face a case involving a requested protective order, also referred to as a restraining order. It is just as important to have legal representation to fight against an order as it is to have a lawyer defending against your criminal charges. If the alleged victim obtains a protective order, it can do the following for a year or longer:
- Prohibit you from contacting the victim or your children
- Take custody rights away from you
- Force you to move out of your home
- Keep you from visiting certain locations
- Prevent you from selling mutually-owned property
- Allow the victim to have your vehicle if they relied on it for transportation
- Prohibit you from purchasing or possessing firearms
As you can see, this order can impact your life in many ways, and you want to mount an aggressive case against a protective order.
Having a domestic violence conviction on your record can also lead to many lasting consequences. Such a conviction can prohibit you from working in certain professions, such as jobs that involve teaching, care-taking, and more. You might have trouble finding any job at all with a criminal record, as well as rental housing. These consequences can persist for years to come.
Do Not Wait to Speak with a Montgomery Domestic Violence Defense Attorney
The best way to minimize the consequences of domestic violence charges is to avoid a conviction. You want an experienced criminal defense lawyer in Montgomery handling your case and protecting your rights. To consult with attorney Terry Luck, pleasecontact usonline or call334-262-5455today.
