Understanding Domestic Violence Charges with Defense Strategies and Legal Options
Domestic violence charges are overwhelming and stressful—you may feel backed into a corner with the world tumbling around you. It’s a normal feeling, but you must pull yourself together. You have a long road ahead of you.
Facing domestic violence charges is more manageable with reliable, knowledgeable legal representation, so keep reading to understand what constitutes domestic violence (DV) and possible defense strategies to protect your rights. Then, contact CEGA Law Group to speak with a reputable, experienced attorney about the legal process and your options.
The Basics of What Constitutes Domestic Violence
Domestic violence varies in definition. However, formally, it’s described as a violent act of harm or threat of harm between two people in a personal relationship. This could be a husband and wife, son and mother, father and daughter, brothers, etc. If the pair are related or in a long-term relationship, primarily if they reside together, then the case is considered domestic violence. It encompasses physical, emotional, and psychological abuse, including intimidation, stalking, harassment, and control.
Misdemeanor vs. Felony
Domestic violence cases fall under misdemeanors or felonies. Misdemeanors are often first-time offenses, resulting in lighter penalties like short jail sentences or fines. Felonies are typically for repeat offenders or severe domestic violence cases, resulting in harsher punishments like lengthy prison sentences.
The Legal Process: What Happens After a DV Accusation
- Accusation and Arrest. The accused will be arrested and held until a bond hearing, then released with strict guidelines to follow until a court date. This is where legal representation navigates the bulk of the domestic violence case.
- Court Hearings. This includes arraignment, pre-trial hearings, and a possible trial if no resolution can be reached.
- Building a Defense and Waiting for a Decision. If the case goes to trial, a legal representative must use strategic evidence and discussion to clear the accused. The jury will then decide on a verdict before the judge delivers a sentence or dismissal.
Options for Resolving Domestic Violence Cases: Trials, Plea Deals, and Alternative Programs
There are various ways that a domestic violence case can go if the charges stand. Sometimes, the charges will be dropped, but if not, these are possible outcomes:
- The Trial. Both sides of a case, the accused and defendant, will be present to deliver their stories and evidence to a judge and jury in a court of law.
- Plea Deal. The accused may accept a lesser charge in exchange for a reduced sentence to avoid trial, excessive jail time, or more severe charges.
- Alternative Rehabilitation Programs. In some cases, anger management classes and counseling can help avoid conviction. This option is typically available for first-time offenders without a criminal record.
Facing domestic violence charges requires a skilled legal representative to guide you through the challenges of a case. Seek professional assistance with CEGA Law Group, a team of legal experts capable of building a solid defense to work toward the best outcome.