Domestic violence is a serious crime that carries severe penalties. In addition to facing potential prison time, a person charged with domestic violence could lose their right to visit their children or live in their home.
If you were arrested for domestic violence, it is important to consult a criminal defense attorney to ensure you understand your rights. A St. Charles domestic violence lawyer could provide valuable guidance and help you avoid unfair punishment.
What Is Domestic Violence?
Domestic violence refers to certain abusive acts committed by one family or household member against another. These acts include:
- Stalking: Repeated unwanted attention or harassment that causes emotional distress
- Revenge porn: Sharing or threatening to share explicit images of someone without their consent
- Attempted or threatened violence: Actions or words that create a reasonable fear of imminent harm
- Sexual or physical assault: Actions that cause physical harm or unwanted sexual contact, often involving force or coercion
- False imprisonment: Restricting someone’s freedom of movement without their consent, such as through physical force or threats
The state does not classify domestic violence as a separate crime. However, law enforcement officers consider the circumstances of the crime when making arrests. A skilled domestic violence lawyer in St. Charles understands these complexities when building a defense and could tailor a strategy to achieve the best possible outcome.
Charges and Penalties in Domestic Violence Cases
The penalties for domestic violence depend on the charge. Since charges do not specify whether the crime was domestic or not, the penalties are the same.
Assault
If a person is charged with first or second-degree assault, they can face 10 to 25 years in prison. If the prosecution proves the individual caused serious physical injury or used a firearm, the prison sentence may be longer.
Stalking and Harassment
Harassment is usually a misdemeanor, resulting in up to 90 days in jail for a first offense and up to 180 days for subsequent offenses. Stalking is a more serious charge, potentially leading to up to five years in prison.
Violation of a Protective Order
If a person violates a protective order by contacting the protected family member, they may face up to 90 days in prison. If they violate the order a second time, the punishment can increase to up to one year in jail.
If any of these crimes are committed when a child is present, the court may add up to five additional years of prison time. An attorney in St. Charles could help someone navigate their domestic violence charge and build a compelling defense to minimize potential penalties.
Common Defense Strategies
An experienced St. Charles domestic abuse lawyer could utilize effective defense strategies to reduce charges or penalties. Some common defenses include:
- Consent
- Self-defense
- Lack of intent
- Lack of evidence
- False allegations
- Mistaken identity
- Violation of constitutional rights
Every domestic violence case is unique and requires a comprehensive legal approach. In some cases, it may be possible to use a combination of defenses to protect an individual’s rights.
Reach Out to a St. Charles Domestic Violence Attorney Today
If you have been charged with domestic violence, you need a strong defense. Without a knowledgeable St. Charles domestic violence lawyer by your side, you risk facing a lengthy prison sentence and losing certain rights.
At Restoration Law, LLC, we have extensive experience defending people against unfair charges and achieving favorable outcomes. To schedule a consultation, please contact our team today.
