Domestic violence, which is defined as violence, or the threat of violence, in an intimate relationship, is an act looked down upon by the court system.
Since domestic violence can involve so many different acts, such as intimidation, control, or coercion, it’s easy for someone to end up accused. Unfortunately, that may mean that you’re facing a domestic violence accusation that you don’t deserve.
What makes a domestic violence charge valid?
It’s necessary to understand what it takes to get an accusation and the resulting charge to stick. Prosecutors have to show that the accused:
- Actually committed assault
- Was in an intimate relationship with the alleged victim
There are three degrees at which domestic violence assault charges can be charged.
- Domestic assault – first degree
- Domestic assault – second degree
- Domestic assault – third degree
Domestic assault in the first degree usually involves strangulation, the use of a deadly weapon, an indifference to human life and serious bodily harm to another person. This is a Class 3 felony.
In the second degree, domestic violence is a Class 5 felony. This is usually when the assault is committed in the moment or “heat of passion.” Finally, there is the third degree charge. This is a Class 1 misdemeanor.
What should you expect as penalties for domestic assault?
The penalties for domestic violence vary based on the degree of crime. Some of the potential penalties may include a restraining order, domestic violence treatment programs, time in prison and heavy fines.
If you’re facing domestic violence charges, you need to protect your future. An attorney can help you assert your defense and guard your rights.