Do You Have a Criminal Record For Domestic Violence?

Domestic violence is a serious crime. It can be punishable by jail time and fines. It can also hurt your reputation and make it harder for you to find work.

The exact penalties will vary based on your criminal history and the circumstances surrounding the incident. For example, a misdemeanor could become a felony if you brandish a weapon or if children are present. Learn more.

Felony

If an assault is committed against a member of the family or household, it may be charged as a felony. This includes spouses and former spouses; blood relatives; parents and children; those involved in a significant, sexually intimate relationship; and people living together or in a common law marriage. Law enforcement must determine who was the primary aggressor for the purposes of misdemeanor-level domestic violence charges.

Felony domestic violence offenses can involve serious prison sentences and heavy fines. They can also include mandatory participation in a batter’s treatment program and a lifelong ban from owning a firearm.

A person could be charged with aggravated domestic battery if the victim is elderly or disabled, if a dangerous weapon was used, or if the defendant has three or more prior convictions under California’s wobbler laws (which allow prosecutors to pursue either a misdemeanor or felony charge depending on the circumstances and the defendant’s criminal history). Our Cincinnati family violence defense lawyer can help you develop a strategy for beating these serious charges.

Misdemeanor

Many people who have never committed a violent act can find themselves accused of domestic violence. Stress, money issues, and living in close quarters with a loved one can cause heated arguments. Even a single accusation of domestic violence can damage your reputation and interfere with your life.

Each state has its own approach to domestic assault. Some have specific statutes, while others treat such crimes under assault statutes with additional penalties for individuals in a domestic or intimate relationship.

Some states have wobbler laws that allow prosecutors to pursue misdemeanor or felony charges depending on the circumstances of your case and your criminal history. For example, if you have a previous conviction of a domestic violence offense, the charge may be elevated from a misdemeanor to a felony (depending on your state’s crime statute). A conviction for a felony-level domestic violence crime such as battery on a spouse could result in a long period of prison time.

Spousal Battery

A conviction for battery on a spouse or cohabitant can lead to jail time of up to 364 days. Depending on the court, it might also require probation that includes participation in a batterer’s treatment program or other counseling. It may also require you to make payments of up to $5,000 to a battered women’s shelter or pay victim restitution for costs such as counseling or therapy.

In addition, you might find that it is difficult to obtain employment. Moreover, because domestic violence is considered a crime of moral turpitude, it could impact your ability to remain in the U.S.

Arguments between couples and family members often lead to physical altercations. However, a one-time mistake shouldn’t be allowed to ruin your life. Our Visalia defense lawyers will work hard to build a strong case that proves you are innocent. We can challenge the evidence presented, argue that the injuries were false, or raise other legal defenses to your charge.

Corporal Injury

Corporal injury to a spouse or cohabitant involves committing an act of violence that causes a traumatic condition on someone with whom you have a legal relationship. The injury can include visible marks such as severe bruising, broken bones, black eye or swelling, but it could also involve internal injuries.

For a person to be found guilty of this type of domestic violence offense, the offender must have acted willfully. That means the offender knew that their actions would violate the law. For example, Julia may have known that striking her child’s father with a baseball bat was against the law but still decided to do it.

If you are convicted of corporal injury to a spouse, the judge may impose several harsh punishments. These may include mandatory participation in a batterer’s treatment program, payments to a women’s shelter and restitution to the victim. In addition, the judge will probably place a restraining order or criminal protective order on your record that prevents you from contacting the victim for up to 10 years.