Common Domestic Violence Penalties: Misdemeanor And Felony
Domestic violence crimes are considered wobblier, which means that they can either be misdemeanors or felonies. The decision is up to the judge and the jury. Many factors also have an impact on the final verdict and whether or not a person will be charged with a felony.
Felony charges are much more severe than the ones in case of a misdemeanor. Factors that the prosecution will have to take into consideration are as followed: whether or not the victim of the crime has suffered from severe or even fatal injuries; was a weapon used during the crime; was a person violent with a senior citizen or a child; was the person under the influence of alcohol or illegal drugs; was the person violating probation or a restraining order and finally – does the defendant have any past criminal records.
Legal Penalties For Misdemeanor Domestic Violence
When it comes to misdemeanor domestic violence, the following penalties could be applied:
• Spending a year in a correctional facility
• A 3 years period of probation
• Paying up to $60 000 in fines (in case the crime took place within 7 years after a similar one, a fine of $10 000 is imposed).
• The court has the right to oblige the defendant to donate up to $5000 to the battered woman shelter or a similar organization
• Criminal protective order or a restraining order may be issued
• Community service as well as mandatory counseling
Legal Penalties For Felony Domestic Violence
Sure enough, legal punishment for felony domestic violence is much more severe – the fines are much more expensive and the person will have to spend up to 5 years in a prison cell.
Get in touch with a qualified criminal defense attorney
In case you were charged with a crime of domestic violence, it is crucial to contact an experienced lawyer as soon as it is possible. Some penalties for the crime may be very severe and it is the attorney’s job to make sure that the legal consequences are as smooth as possible. Get a free consultation, describe your case and the lawyer will be able to come up with a suitable defense strategy for you.