Domestic abuse is an ongoing problem in our communities. The ramifications of domestic abuse can be felt in the home, at work, and throughout the community. At the same time, being charged with Domestic Abuse can have an impact just as large. If you are being confronted with Domestic Abuse charges, it can be very difficult to clear your name and get your life back on track.
Facing a Domestic Abuse charge can be a complicated and personally trying situation because such a charge involves accusations of violence between people in very personal relationships. Such charges are normally criminal in nature, but are occasionally related to marital dissolutions. In a Domestic Abuse case, simply understanding exactly what you have been charged with can be difficult.
Often times, when police respond to a Domestic Abuse call they will arrest someone whether or not they have evidence to prove allegations made during the call. The person that is arrested is often charged with domestic abuse, even if the other party recants (changes their story, or says that what they originally said happened didn’t happen). Even if the “victim” changes their story, or doesn’t want to press charges, the State can continue prosecution.
General Domestic Abuse Information
- The “victim” cannot drop criminal charges
- The State can use the 911 call against you
- Anything you say cannot be used to help you
- A Domestic Abuse No-Contact Order (DANCO) is often put in place
- The “victim” cannot drop the DANCO
- The “victim” generally cannot get in trouble for violating the DANCO
- If the “victim” calls you, and there is a DANCO, and you answer, you violate the DANCO and can get in more trouble.
Because such charges can lead to serious fines and imprisonment, it is important to consult an attorney right away.
How We Can Help
At Ascheman Law, we can explain the charges, your legal rights, and help you figure out how to proceed.
- We are here to help you understand the system. We walk you through and explain how the system works and what happens each step of the way.
- We protect your rights. Our job is to make sure that your rights are protected every step of the way; to ensure that questionable and falsified evidence is challenged; to force the State to do things by the book.
- We can help you understand your options and the ramifications that each option brings with it.
We offer free consultations so that you don’t have to fight alone. When charged with Domestic Abuse, the best thing you can do is take the time to sit down with a trained criminal defense attorney and talk about your case.
What is Domestic Abuse?
Domestic Abuse is a generic term that covers a variety of crimes against persons that the accused has a domestic relationship with. It is defined as physical harm (often known as Assault), or the fear of imminent physical harm or terroristic threats or criminal sexual conduct, against a household or family member by another household or family member.
Domestic Abuse is not always a criminal offense, but can become one when a person violates a Domestic Abuse protection order. Such protection orders can force the defendant to have no contact with the victim, and can include provisions such as temporary custody or parenting time.
Misdemeanor, Gross Misdemeanor or Felony?
When charged with Domestic Abuse, a person can be charged with a misdemeanor, gross misdemeanor or felony. In addition to the acts actually committed, the severity of the charge may depend upon the number of past similar offenses.
Strangulation: If there is evidence of strangulation, or the “victim” claims that his or her airway was cut off, for any period of time. The Domestic Abuse charge is automatically a felony [link this felony] if the charge is domestic assault by strangulation. Strangulation means impeding normal breathing or blood circulation by applying pressure on the throat or neck or by blocking another’s nose or mouth. Such an offense carries a maximum sentence of three years imprisonment and/or a fine or no more than $5,000.
Felony: The offense is a felony if there were more than two previous offenses within the past 10 years or on the first offense if a dangerous weapon was involved. If a firearm was used, the court will order the defendant to give up the firearm and may prohibit the defendant from possessing additional fire arms for a period of three years to life. Such felonious offenses carry a maximum sentence of five years imprisonment and/or a fine or no more than $10,000.
Gross Misdemeanor: However, one prior offense within 10 years of the alleged offense results in a gross misdemeanor. The gross misdemeanor carries a maximum sentence of one year imprisonment and/or a fine or no more than $3,000.
Misdemeanor: No previous domestic violence charges or crime within the previous 10 years is often a misdemeanor.
Why should you call us?
No matter what level of Domestic Abuse you are charged with, it’s important to consult with a criminal defense attorney to understand the charges, your rights, and protect your future. There are many excellent reasons to contact Ascheman Law for a free consultation, here are a few:
- It’s free, you have nothing to lose but time;
- We can answer your questions;
- It’s confidential, we are bound by a code of ethics not to talk about your case;
- No strings. Yes, we would like to represent you, but you are in no way required to hire us;
- We want to help, it’s why we do what we do; and
- It may change your life.
What to Do:
If the State is accusing you of Domestic Abuse, you need trained criminal attorneys to help fight these charges. Call us today at 612-217-0077 to set up a free consultation.
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