When police officers think that there is domestic violence happening, it is possible to take the supposed party at fault into custody. If you are charged or arrested for a domestic violence crime, you need to contact a defense attorney as soon as you can. This is because absolutely all of these cases are very serious.
Domestic Violence Laws
Domestic violence laws changed a lot in the past few years. It is very important that you protect the rights you have, which is exactly why the attorney is absolutely necessary.
Unfortunately, there is no domestic violence situation that is simple. In most cases, there are serious questions that have to be asked about facts. Police officers rarely think about doing thorough investigations to figure out who the party at fault is. Someone often just ends up going to jail. And you might be that person even if you are not guilty.
The prosecutor and the police officers can charge you even after slight physical touches or minor arguments. This is mainly because politicians were pressured into thinking that absolutely all domestic violence incidents are beatings or can lead to murders. The truth is different.
In many cases, alcohol is involved or tempers simply flare. If police officers wouldn’t have interfered, there is a good possibility everything would have been solved. There are many people that lie in order to just get others into serious trouble. Also, police officers might exaggerate with the reports they file.
As a very simple example, there are numerous cases in which mutual combat appears. As police officers get called, one of the two involved ends up in jail. With the help of a highly experienced domestic violence lawyer, the facts can be discussed and your interests will be protected. The quick judgment of the police officer is put into question and the truth will come out. If you do not have the help of the attorney, there is a really good possibility you will be charged simply because of how things looked like.
Felonies And Misdemeanors
Prosecutors can file the domestic violence charge as a misdemeanor or a felony. Usually, it is the prosecutor that chooses what to file. There is a legal obligation to look at the evidence that is present and then make a decision. Obviously, injury severity is taken into account. When there are not many injuries present, we are talking about misdemeanor charges. But, when we are looking at more serious injuries, like cuts or broken bones, the charge will most likely be a felony one.
The prosecutor will often make a decision based on past history. When you were convicted of domestic violence in the past, serious charges might be filed against you. Even restraining orders might be issued. This would prohibit you from coming into contact with your victim. This does include even indirect contact.
At the end of the day, whenever you are charged with domestic violence, it is vital that you do not say anything and that you look for a good attorney to help you. An example of this is: