Domestic Violence Lawyers
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Domestic Violence is a unique crime known as a "wobbler". Crimes
that are known as "wobblers" may be treated as minor misdemeanors
that may result in probation and/or anger management classes, or may be treated
as serious felonies that may entail substantial state prison time. The severity
of the punishment depends on the factors surrounding the events that may have
taken place during the alleged commission of the domestic violence crime. Such
factors include the seriousness of the injuries involved, the necessity of hospitalization,
whether self-defense was used, prior criminal history as well as other factors
including the particular courthouse's policy on sentencing for domestic violence
offenses.
There are two major differences between domestic violence crimes and other
kinds of crimes such as petty theft, drunk driving, drug possession or even
juvenile crimes. The first difference is in the lack of discretion used by police
and prosecutors in a domestic violence case. With most crimes, after the police
arrive at the scene of the crime, they conduct an investigation and determine
whether or not the events that took place warrant an arrest and prosecution
thereafter. On the other hand, in most domestic violence cases, as soon as the
police get involved and there is only a hint of domestic violence having taken
place, prosecution will ensue. It does not matter that the alleged victim desperately
wishes that you are set free without any punishment or the alleged victim changes
her story and admits that nothing really happened.
| The other main difference in domestic violence cases is witness or victim testimony.
In other criminal cases, if a witness changes his/her story, that seriously
affects the outcome of the case. However, with domestic violence crimes, it
is extremely common for the alleged victim, who is usually the only witness
to the crime, to change his/her story because of the love they may have for
the defendant. Therefore, the prosecutor finds it irrelevant that the alleged
victim later changes his/her initial statement that was made to the police.
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In most instances of domestic violence, a husband and wife, or boyfriend and
girlfriend or two relatives get into a heated argument and when the police arrive,
the alleged victim makes a damaging statement that results in the other's arrest.
The alleged victim is usually very emotional when speaking to the police and
provides police with an exaggerated statement. As time passes and the alleged
victim later calms down, they usually wish to reconcile with the defendant.
Unfortunately, once the police and prosecutor are involved, the victim's change
of heart becomes irrelevant and the defendant is potentially facing county jail
or state prison time. Therefore, it is crucial that the defendant hire a domestic
violence attorney immediately in an effort to contact the prosecution's office
and bring light to the situation and raise the proper defenses. Although it
is not in the discretion of the alleged victim to drop the charges, a skilled
criminal lawyer should be able to formulate a persuasive argument showing that
incarceration is not a desired outcome under the circumstances and an informal
resolution should be sought.
Although each criminal case is unique and gives rise to specific defenses, the
criminal court remains extremely tough on domestic violence crimes and treats
them all the same, trying to prosecute the defendant to the maximum extent of
the law. Terani Law Firm's criminal defense lawyers are fully aware of the court's
approach and we fight very aggressively to protect your rights and your freedom.
There are so many emotions involved and so much history between husbands and
wives, boyfriends and girlfriends or relatives, and it is crucial that the court
is made aware of all the specifics in order to reach a fair decision. Our domestic
violence lawyers will do everything possible to defend you in these tough cases.
Domestic violence is a damaging crime to have on your criminal record because
of the stigma that comes with it. Employers, members of the community or anyone
else who may look into your background will not know that you may have been
innocent, or you may have just been defending yourself. Instead, they will simply
be informed of the domestic violence conviction and stereotype you as a spouse
beater. That is why the expert criminal defense attorneys at Terani Law Firm
will fully dedicate themselves to your case in order to minimize the damage
and do everything possible to avoid a domestic violence conviction. If you are
charged with domestic violence, call our criminal law firm immediately so that
we may give you a free consultation and guide you in the right direction and
help you avoid a tragic outcome in your case.
If you want the best in knowledgeable legal representation & a criminal law firm that will treat your case with consideration and concern, please contact us 24/7 at (888) 855-2447 for a FREE confidential consultation.
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