Nassau residents are not immune to domestic violence, but it’s often a silent crime. Men and women being abused by a spouse or significant other often choose to keep their secrets to themselves and say nothing to others. They feel they deserve it, they feel they did something to make this happen, and they have no idea how to get out of a situation like this. There are also those who use domestic violence as an excuse to get what they want out of a divorce, whether it’s to get more money from an ex, to make their cheating look better, or to keep the kids from their other spouse. When a person is accused of domestic violence, it’s a Nassau criminal defense attorney they must call first.
What is Domestic Violence?
Legally defined, domestic violence is violence or other aggressive behavior at home. When one spouse beats another, when a husband hits his wife, when a wife uses violence to get what she wants from her husband, or any other type of aggressive behavior in the home is where domestic violence is defined.
Domestic violence can be both a civil and a criminal charge depending on how the victim chooses to bring forth charges against a spouse or domestic partner in a court of law. In some instances, both courts can try a case simultaneously. There are many facets to a domestic violence case, including the order of protection that’s issued by many courts to keep the defendant away from the person accusing them of the crime during the course of a trial.
Penalties for Domestic Violence
There are many factors used to determine the specific penalty any person is issued following a conviction. It depends on the type of domestic violence, the age of the person accused, the number of criminal charge levied against the defendant in the past, and even the health of the person who is the accuser. If a husband strikes a wife and leaves a bruise and she files charges, he probably won’t be penalized as much as a man who abuses his wife so bad her bones are broken.
Domestic violence charges can also be put into two different categories. Some are felony charges and some are misdemeanors. This has an effect on the type of penalty issued following a guilty charge.
– Jail time
– Restraining order
– Anger management classes
– Community service
A woman who strangles her husband and obstructions his breathing or circulation might be charged with a class A misdemeanor in Nassau. This kind of charge often comes with up to a year in jail or a fine not to exceed $1,000 depending on her own criminal history. A woman who is charged with first degree assault on her husband could face anywhere from 5 to 25 years in prison or a fine up to $5,000 for her actions depending on her own criminal history. The penalties range widely, and there are dozens of potential sentences that vary once again based on personal circumstances.
Potential Defenses Against Domestic Violence Charges
A defense is what a criminal defense attorney uses to help clients be declared innocent of a crime or to reduce charges brought upon the defendant depending on specific circumstances.
Justification – This is a simple defense used when a parent is violent to a child. The violence must not be deadly, and it must be used to restrain or as a form of discipline on a child.
Medical – Sometimes a defendant can state they only strangled another person for medical reasons. Perhaps a person was not taking their medication for a mental disorder and was attacking the family. This person must be restrained and calmed down, and the defendant used this tactic to handle the situation.
Self-Defense – If a woman is being abused by her husband and she picks up a lamp and hits him over the head, he might want to have her arrested for domestic violence. Her defense would be that she was defending herself from her husband’s violent actions.
Mental Disease – If someone is mentally disabled, their defense might be they didn’t realize what they were doing was wrong.
Defenses vary based on the situation at hand, and many of them can either allow a client to see a reduced charge in court or a freedom from their charges altogether. It all depends on the severity of the case, the criminal history of the defendant, and the charges being brought against the defendant. These charges aren’t final in a court of law.
Criminal attorneys are here to help Nassau residents with the charges they face for domestic abuse claims. It happens all the time in relationships, and attorneys are well-versed in dealing with cases of this nature. Let an attorney help you reduce charges or get you off with an innocent verdict following a domestic violence charge in Nassau. It’s not an impossible situation if you’re accused of committing a crime of this nature. Make an attorney the first call when an arrest occurs.