A domestic relationship is defined as a marriage, a de facto relationship, intimate relationship, dependent relationship, or people living together. If you are in any of these categories, you can commit and be charged with domestic violence. If you have been charged with domestic violence, then call and speak with a domestic violence defense attorney at 317-500-4857 today!
What is Domestic Violence?
Domestic violence does not have to be physical or cause bodily harm to another person. Domestic violence can be in the form of:
- attempts to assault
- property destruction
If you commit any of these offenses, you can be charged and convicted of domestic violence.
If you have been charged with domestic violence, you should seek legal counsel as soon as possible. The victim will submit a statement to the police telling them what happened and will likely present any evidence they have as well. The victim can submit photographs, videos, doctors’ reports, eye witness accounts, and any other evidence that will help their case.
Pleading Guilty To Charges
Once the case is presented, you will have the option to plead guilty or not guilty of the offense. You can also ask the court to put the issue on hold at the first court date so that you can seek legal counsel.
A police facts sheet should contain all the information regarding your case. The prosecution will hand it over to the court for the judge to read along with any other documents relevant to the case.
You should present the judge with character references, a copy of your criminal record, and any other documents that may help your case. If you disagree with what is on the report or any part of it, you will need to talk to the prosecutor.
You will also get the opportunity to tell the court your account of what happened and give out more background information. The magistrate will need to know:
- Your employment status
- General character
- If you are suffering from any mental health issues
- History of alcohol or drug abuse
- Financial situation
The magistrate needs to collect this information because it will affect the penalty. This is called plea mitigation and will attract a less harsh punishment or a lighter sentence.
If convicted for domestic violence, you can serve up to 34 days in prison and pay a fine of up to $2,000. However, if you agree to a guilty plea, you may not get any jail time and instead be asked to take a 52-week program. A guilty plea could also result in fines and probation for up to three years if you are found possessing an illegal firearm. Overall, it is essential to note that if you plead guilty, the judge will most likely give you a lighter sentence, and you may avoid prison.
Don’t Commit Domestic Violence
While pleading guilty to a domestic violence charge could reduce the punishment for the crime, it is still a crime that should be avoided. Domestic violence is a severe offense in most states and will hold a harsher penalty if you are a repeat offender. The sentences are even worse if you cause bodily harm to the other party or severe property damages. Call Indiana domestic battery lawyer, B.D. Williams, Esq at 317-500-4857 for help today!