Penalties for Domestic Violence Crimes
Domestic violence crimes can be charged as misdemeanors or felonies depending on the nature and severity of the offense. That grading directly shapes the sentencing range a conviction carries.
Misdemeanor & Felony Sentencing Ranges
Misdemeanor convictions range from third-degree (up to one year in jail and fines up to $2,500) to first-degree (up to five years in prison and fines up to $10,000). Felony convictions carry seven to 20 years in prison and fines from $15,000 to $25,000.
- Misdemeanor Domestic Violence: When the conduct is less severe or doesn’t result in significant injury, it may be charged as a misdemeanor, punishable by jail time, fines, probation, and mandatory completion of a batterer’s intervention program.
- Felony Domestic Violence: If the offense involves serious injury, use of a deadly weapon, or other aggravating factors, it may be charged as a felony, carrying longer prison sentences, substantial fines, and potential loss of civil rights.
Federal Firearm Prohibition & Other Collateral Consequences
One collateral consequence many people don’t anticipate is a federal firearm prohibition. Under the Lautenberg Amendment (18 U.S.C. § 922(g)(9)), a conviction for a misdemeanor crime of domestic violence, including a guilty plea to simple assault in a domestic context, typically triggers a lifetime ban on possessing firearms under federal law, regardless of the misdemeanor’s grading. Pennsylvania’s Act 79 separately requires firearms to be surrendered within 24 hours of a final Protection from Abuse (PFA) order to the sheriff or appropriate law enforcement agency, a licensed firearms dealer, a commercial armory, or a qualifying attorney.
Additional collateral consequences include loss of custody or parenting rights, mandatory completion of a batterer intervention program, and lasting effects on employment and housing. An experienced Lackawanna domestic violence attorney can help you understand the full scope of what a conviction means and what options exist to fight the charges.
Protection from Abuse Orders
A Protection from Abuse order is a civil order issued by the Lackawanna County Court of Common Pleas. A temporary PFA can be granted ex parte (based solely on the petitioner’s account) and takes effect immediately upon issuance. A final PFA hearing is typically scheduled within 10 business days of the temporary order. At that hearing, the accused has the right to legal representation, to present evidence, and to cross-examine the petitioner. Appearing without counsel at this stage is one of the most consequential mistakes an accused person can make.
A final PFA can restrict the accused in the following ways:
- Order you to cease any further acts or threats of violence against the petitioner or shared children
- Require you to vacate the shared home and surrender full possession to the petitioner
- Prohibit any contact with the petitioner or presence near his or her home, workplace, or other locations
- Award temporary custody of shared children to the petitioner
- Order payment of child support
- Require surrender of all firearms
- Order financial restitution for losses related to the alleged abuse
- Impose any other restrictions the court deems appropriate
Final PFAs can remain in effect for up to three years and may be extended beyond that. Because a PFA is a civil order, it doesn’t appear on a standard criminal background check. However, violating a no-contact term, even unintentionally, constitutes indirect criminal contempt, punishable by up to six months in jail and a $1,000 fine, in addition to any penalties on the underlying charge.
Defenses for Domestic Violence Charges in Pennsylvania
An arrest doesn’t determine the outcome. Depending on the circumstances, several legal defenses may apply:
- Self-Defense: If you acted to protect yourself from immediate harm, self-defense may be viable. It requires showing that the force used was proportional to the threat you faced.
- Defense of Others: This applies when someone intervenes to protect a family member or another person from imminent harm. As with self-defense, the accused must show the response was necessary and proportional.
- False Allegations: Domestic violence accusations are sometimes exaggerated or fabricated, particularly in contested custody or divorce proceedings. Independent investigation of the facts is essential to building a credible challenge.
- Lack of Evidence: The prosecution must prove guilt. Weak evidence or inconsistent testimony can support arguments for charge reduction or dismissal.
Attorney Bernie Brown investigates each case thoroughly and is prepared to take matters to trial. Rigorous case preparation and strong courtroom advocacy are central to how we approach every matter.
How a Lackawanna Domestic Violence Attorney Can Help
Domestic violence charges cast a long shadow over the accused’s life, affecting freedom, reputation, and future opportunities. Early engagement with defense counsel can prevent common missteps, such as contacting the alleged victim while a no-contact order is in effect or making statements to law enforcement without representation. We take a comprehensive approach: investigating the circumstances surrounding the charges, scrutinizing evidence for discrepancies, and advocating for our clients’ rights at every stage.
Our domestic violence attorneys can assist with:
- Case Evaluation: An in-depth analysis of the prosecution’s arguments to identify strengths and weaknesses.
- Evidence Review: Scrutinizing the evidence for inconsistencies or rights violations that could undermine the prosecution’s case.
- Legal Advice: Informed guidance on your options, potential outcomes, and the best path forward.
- Defense Strategy: Building a defense that may include challenging the credibility of evidence, asserting self-defense, or negotiating possible resolutions.
- PFA Hearing Representation: Representing you at the final PFA hearing, where the scope of long-term restrictions on housing, contact, custody, and firearms is determined.
- Court Representation: Advocating on your behalf at all hearings, appearances, and trials.
- Negotiation with Prosecutors: Working to reduce charges, seek alternative sentencing, or pursue dismissal where the facts support it.
- Guidance Throughout the Process: Helping you understand each step and what to expect so you can make informed decisions.
- Expungement: Assessing eligibility for expungement after case resolution, though many serious convictions aren’t eligible under Pennsylvania law.
We offer virtual consultations for clients who need legal guidance promptly and conveniently. With more than 15 years handling criminal cases in Lackawanna County and across the region, we know how these cases are prosecuted. We also know how to fight back.
Facing Charges? Don’t Wait to Build Your Defense.
The Lackawanna County DA’s Domestic Violence Unit is organized, experienced, and ready to prosecute. You deserve a criminal defense attorney who matches that preparation. Accusations and charges don’t automatically become convictions, but the decisions you make in the first days after an arrest can shape everything that follows. Contact our firm today to speak with a domestic violence lawyer in Lackawanna County about your rights and legal options from day one.
To speak with our experienced Lackawanna domestic violence lawyers, call us at (570) 676-1553 or contact us online today.
