A domestic violence charge can impact your life in many ways. A proactive Rochester domestic violence lawyer can help you review the evidence and dispute the charges to secure a favorable outcome.
The legal team at Kohlmeyer Hagen, Law Office Chtd. can investigate the incident and help you explore legal strategies for the best possible outcome. A knowledgeable criminal defense attorney can work with you and help you successfully navigate the criminal justice system.
Domestic violence is defined as an assault against a family member or other household member. To be charged with domestic violence, the assault must have been with the intent to put another person in fear of immediate bodily harm or death. A domestic violence charge can result from intentionally inflicting bodily harm upon a family member. A prosecutor may also pursue a domestic violence charge even if the person did not actually harm the alleged victim. Simply putting a family member in fear of bodily harm is enough to be formally charged.
A domestic violence charge can have lasting effects. It is important to contact a domestic violence lawyer as soon as charges have been filed in Rochester. They can answer any questions you may have about the criminal justice process and explain your rights.
In most instances, a domestic violence charge is a misdemeanor, with the maximum punishment being up to 90 days in jail, a fine of up to $1,000, or both.
If an individual has previously been convicted of a domestic violence charge in the past 10 years, they may be charged with a gross misdemeanor. The maximum punishment for this type of offense is up to 364 days imprisonment, a fine of up to $3,000, or both.
If an individual has been previously convicted of two qualified incidents, such as assault, domestic assault, a DANCO violation, or an OFP violation, an individual can be charged with a felony.
If a firearm was involved, the court may order that the defendant forfeit it if they are found guilty. The court may also grant an order that prohibits the individual from owning any type of firearm for anywhere between three years or for life. However, the court must inform the person of this restriction at the time of the conviction.
An experienced domestic violence attorney in Rochester can help individuals understand the potential consequences of a domestic violence conviction.
After charges in Rochester have been filed, it is vital to review all evidence with a dedicated domestic violence lawyer. They can evaluate the evidence and begin building a robust defense against the charges.
One common defense strategy is proving that the person was not present when the alleged assault occurred. An attorney may ask the defendant if they have an alibi to show where they were at the time of the incident. Another defense may be to demonstrate that there was no intention to harm the alleged victim. In some cases, someone may have just been defending themselves or their children against the alleged victim.
Depending on the circumstances of a case, there may be several potential defenses. Determined legal counsel can evaluate the evidence and determine the best defense strategy before trial.
Penalties for a domestic violence charge may vary depending on the specific circumstances and your criminal history. It is essential to speak with a Rochester domestic violence lawyer as soon as possible to begin developing a compelling defense.
The legal team at Kohlmeyer Hagen, Law Office Chtd. has experience defending against domestic violence charges. Call our office today to discuss your case.
