Penalties for Domestic Violence Crimes
Domestic violence crimes can be charged as misdemeanors or felonies, depending on the nature of the offense and its severity. Misdemeanors can range from third-degree, and second-degree up to first-degree, with penalties ranging from up to a year in jail and/or fines of up to $2,500 to five years in prison with fines of up to $10,000.
Felony convictions will generally result in even harsher penalties ranging from seven to 20 years in prison and fines ranging from $15,000 up to $25,000.
Is Domestic Violence a Misdemeanor or Felony in Pennsylvania?
In Pennsylvania, domestic violence can be charged as either a misdemeanor or a felony, depending on the severity of the offense and the circumstances surrounding the incident. Prosecutors typically decide whether to charge domestic violence as a misdemeanor or felony based on the extent of the injuries, the perpetrator's prior criminal history, and any aggravating factors.
- Misdemeanor Domestic Violence: When the violence is less severe or does not result in significant injuries, it may be charged as a misdemeanor. Misdemeanor domestic violence offenses are generally punishable by up to several years in county jail, fines, probation, and completion of a batterer's intervention program.
- Felony Domestic Violence: If the domestic violence involves serious injuries, use of a deadly weapon, or other aggravating factors, it may be charged as a felony. There are more severe penalties associated with felony domestic violence offenses, including longer prison sentences, substantial fines, and a possible loss of civil rights.
It's important to recognize that domestic violence laws in Pennsylvania are complex, and the specific charges and penalties can vary based on the unique circumstances of each case. Restraining orders and counseling or treatment programs may also be issued to those convicted of domestic violence. Seeking guidance from an experienced Lackawanna domestic violence attorney is crucial for understanding the charges against you and navigating the legal process effectively.
Protection from Abuse Orders
Victims of domestic violence crimes can seek restraining orders known as Protection from Abuse orders (PFAs).
These orders can drastically impact you as the accused in the following ways:
- Order you to cease any further acts or threats of violence against the victim or your shared children
- Order you to vacate the shared home and hand over full possession to the victim
- Restrict you from making any kind of contact with the victim or going within a certain distance of his/her home, work, or other locations
- Give temporary custody of shared children to the victim
- Order you to pay child support
- Take away your possession of any firearms
- Order you to pay the victim for any financial losses related to the abuse
- Order any other restrictions or directives the court deems appropriate
Final PFAs can be made effective for up to three years and may be extended beyond that if the court finds it necessary.
Defenses for Domestic Violence in PA
In Pennsylvania, several legal defenses may be used in domestic violence cases, depending on the circumstances. An arrest can have lasting consequences, including jail time, fines, and loss of certain rights, so these defenses are crucial. Some possible defenses include:
- Self-Defense: If the accused can demonstrate that they acted to protect themselves from immediate harm, self-defense may be a viable defense. This requires showing that the force used was proportional to the threat faced.
- Defense of Others: The same as self-defense, this argument applies when someone intervenes to protect another person, such as a family member or child. The accused must show that their actions were necessary to prevent harm to another.
- False Allegations: In some cases, domestic violence accusations may be exaggerated or entirely fabricated, often due to underlying conflicts like custody disputes or divorce proceedings. Proving that the accusations are false can lead to a dismissal of charges.
- Lack of Evidence: The prosecution must provide clear evidence of guilt. An argument for a reduction of charges or dismissal may be made if evidence is weak or based on inconsistent testimony.
Experienced defense attorneys in Pennsylvania carefully examine the specifics of each case, building a defense strategy to protect the accused's rights and future.
How A Lackawanna Domestic Violence Attorney Can Help
Domestic violence charges can cast a long, harrowing shadow over the accused's life, impacting their freedom, reputation, and future. A skilled domestic violence lawyer plays a crucial role not only in defending the accused but also in navigating the intricate legal system to mitigate these consequences. Recognizing the stakes involved, these attorneys deploy a comprehensive approach to defense, painstakingly investigating the circumstances surrounding the charges, scrutinizing evidence for discrepancies, and advocating tirelessly for their client's rights. Their expertise is pivotal in formulating a defense strategy tailored to each unique case, aiming to either dismiss or reduce the charges whenever possible.
Services Provided by Domestic Violence Attorneys:
- Case Evaluation: Conducting an in-depth analysis of the case to identify strengths and weaknesses in the prosecution's arguments.
- Evidence Review: Scrutinizing the evidence for inconsistencies or violations of rights that could undermine the prosecution's case.
- Legal Advice: Offering informed advice on the legal options available, potential outcomes, and the best course of action.
- Defense Strategy: Developing a robust defense strategy that may include challenging the credibility of the evidence, arguing self-defense, or negotiating plea bargains.
- Representation in Court: Representing the client in all court appearances, hearings, and trials, fiercely advocating on their behalf.
- Negotiation with Prosecutors: Engaging in negotiations with the prosecution to reduce charges, secure alternative sentencing, or even dismiss cases when possible.
- Support and Guidance: Providing emotional support and guidance throughout the legal process, helping clients understand each step and what to expect.
- Expungement: Assisting in the expungement process for eligible cases, aiming to clear the client's record post-resolution of the case.
By leveraging these services, domestic violence attorneys endeavor to protect their client's rights while aiming for the most favorable outcome under the given circumstances.
Protect Yourself & Your Future with a Strategic Defense
If you are facing any type of domestic violence accusation, the sooner you engage the services of our criminal defense lawyer, the better your chances will be of protecting yourself against prosecution. Accusations and charges do not automatically mean convictions. However, you will need a dedicated and savvy lawyer on your side working on your defense. To do that, we strongly urge you to contact our firm to get the advice and guidance you need today.
To speak with our experienced Lackawanna domestic violence lawyers, give us a call at (570) 676-1553 or contact us online today.
