Domestic Assault should never be taken lightly. The repercussions of just an accusation, whether or not the allegation founded, can be far-reaching and professionally devastating. Even if you think that Domestic Assault charges are minor in comparison to other violent charges, you will need to have your defense ready to preserve your future.
How Domestic Assault Charges are Categorized
As a general rule, Domestic Assault charges are misdemeanors. People tend to think of misdemeanors as “minor offenses,” and approach these charges in the same way they might a speeding ticket. But be assured, although the penalty a judge can hand out in a courtroom is indeed limited to the misdemeanor lever (90 days in jail and $1,000 fine), that is the very end of how these offenses are similar to any other “minor offense.”
Domestic Assaults are considered “crimes of violence,” regardless of whether anyone was harmed. Convictions for crimes of violence have a lifetime of impact. They are a lawful basis for employment discrimination and housing discrimination. They will preclude the convicted party from obtaining licensing from the Department of Health and Human Services and will result in license revocation/suspension actions by the department against those who are already licensed. They will preclude the convicted party from employment in law enforcement, security, health care, and many other pursuits.
But Domestic Assaults also carry special penalties under federal law. A person convicted of a Domestic Assault who is not a citizen of the United States will be deported and never permitted to return. In addition, any person convicted of a Domestic Assault will suffer a lifetime ban on the possession of firearms and/or ammunition.
Failures by the Police
Sadly, despite these enormous consequences, Domestic Assaults are among the most frequently mishandled cases by police. Instead of focusing on whether an allegation actually constitutes a criminal offense, police are primarily interested in not being called back to an address after they have left. So rather than asking one of the parties to voluntarily find another place to stay and cool off, the police simply arrest and jail one of the parties to “solve” their own concerns. This selfishly motivated act then puts the arrested person, the prosecutor, and the court system through the stress and expense of criminal prosecution for something that neither party may have seen as a crime.
When people call the police, they assume they will be getting help from those sworn to “protect and serve” in resolving a dispute. What they do not know is that anytime someone dials 911 and says their domestic partner scared them in any way, someone is going to jail.
Defense Lawyers that Stand By You
Understanding the laws surrounding domestic violence is important to ensure your case is properly taken care of. The lawyers of Sheridan & Dulas, P.A. have years of experience and have seen first hand the impacts of poorly handled cases, and work hard to never let our clients down.
Domestic Assaults, although misdemeanors, are VERY SERIOUS charges and must be approached as such. Sheridan & Dulas, P.A. has been successfully defending people accused of Domestic Assault for over 30 years. Contact us for a free consultation at 651-686-8800.