Winston-Salem Domestic Violence Attorneys

Domestic Violence Penalties

Here are the potential penalties involved with domestic violence convictions:

• For misdemeanors, the defendant can be sentenced to up to 150 days in jail. They may also be required to take anger management courses and pay fines.
• Felonies are subject to sentencing under the state’s guidelines, depending on the classification of the felony. Aggravated domestic violence is charged as a Class E felony, which can be punished with up to seven years in prison. If you have been previously convicted of felony domestic violence, you will face a three-year mandatory minimum sentence.

Collateral Consequences of a Domestic Violence Conviction

A domestic violence conviction has far more ramifications for you beyond possible jail time. Of course, losing your freedom is a very big deal, but a domestic violence conviction may carry the following additional consequences:

• The loss of your right to vote if you are convicted of a felony
• The loss of your gun rights
• Potentially losing your job and the ability to find a new one
• Damage to your reputation
• The restriction of your freedom to go where you want because you may be subject to a protective order
• A negative impact on your custody rights if you have children

There are possible defenses to a domestic violence charge. Domestic violence is a crime that requires intent, meaning that you cannot do it accidentally. Prosecutors must prove every single element of the offense to win a conviction. In addition, they cannot violate your legal rights at any point in the process.

Defenses to a Domestic Violence Charge

Here are some defenses to domestic violence charges:

• The allegations against you are false and were reported to either gain an advantage or to punish you
• You did not intend to make physical contact with someone else (it was accidental contact)
• Your legal rights were violated at some point when you were denied due process
• Your actions were in self-defense or in defense of another person

Police often err on the side of arresting someone when they are called to the scene of a domestic dispute. They have a limited amount of time to assess the situation and the credibility of the person complaining. Police are often worried that the failure to do something may come back to hurt them in the future, especially if something does happen. Therefore, they may arrest first and ask questions later. Many of the details then end up being sorted out as the prosecutor decides whether and how to charge the defendant.

When you have been charged with domestic violence, you may face a stigma in the legal system. While every individual is equal in the eyes of the law, and you have legal rights, it seems like there is often a rush to convict people accused of domestic violence. However, facts matter in these cases, and you have your own right to have your side of the story heard.

The first thing you need is an attorney who recognizes that everyone deserves a strong legal defense and will handle your case without any judgment. You should hire a Winston-Salem domestic violence attorney early in the process. Otherwise, the criminal justice system can overtake you in a rush to judgment.

Call a Winston-Salem Domestic Violence Attorney Today

If you have been charged with domestic violence, you cannot afford to be without an attorney. An experienced criminal defense lawyer can fight for you to obtain the best legal outcome in your case. They can give you the peace of mind that comes from knowing that there is someone else in your corner when the entire world seems to be against you. The lawyers at Graystar Legal will fight for you and take up your case. Call us today or message us online to set up an appointment to discuss your case with a free case review.