Domestic violence is a crime that is taken very seriously and can deliver harsh consequences. Prosecutors, police officers, and judges will relentlessly push for your conviction. Once you’ve been charged with this crime, you are most certainly terrified and thinking, What Can I Do Now? or How Much Jail Time Will I Get for Domestic Violence?
Domestic Violence Defined
It is very common to receive inquiries asking, “How Much Jail Time Will I Get for Domestic Violence?” Before any punishment can be considered, it must first be determined if an assault actually occurred or whether a defendant is likely to be convicted. In many domestic violence cases, a conviction and jail time can be completely avoided.
Domestic violence is an assaultive crime that occurs between family members, people with a romantic relationship, or residents of the same home. Typically, a domestic violence or domestic assault occurs when an assault or an assault and battery is alleged. For there to be a domestic violence, it is not necessary that there be any injury or even actual touching of another person. An aggravated domestic violence is a more serious charge and involves an assault and battery with an injury.
Typical relationships that can result in a domestic violence charge, as opposed to an ordinary assault misdemeanor, include spouses, boyfriends, girlfriends, ex-partners, roommates, parents, and children.
In the event that you are charged with Domestic Violence, the possible punishment is dependent upon the severity of the allegations and whether there are any prior convictions. It is important to understand that the punishment could include both incarceration, years of probation, a financial penalty, and so much more. For example, if you are charged with Domestic Assault only once, then the offense is a misdemeanor that could have up to 93 days in jail/$500.00 fine. If you have been charged with this offense for a second time, there is a possibility of up to: 1 year in jail/$1000.00 fine. Your third offense is a felony and you may spend up to 2 years in prison/$2,500.00 fine. Additionally, you can be ordered to serve up to two years of probation on a misdemeanor and up to five years on a felony domestic conviction.
An Aggravated Domestic Assault, first offense, carries up to 1 year in jail/$1000.00 fine. If you are charged with this offense twice, there is a possibility of up to: 2 years in prison/$2,500 fine.
If the offense involved a weapon, this is labeled as Felonious Assault and the punishment will be up to four years in prison.
Alternatives to Jail
Now that you’ve read the above, you may be convinced that you will spend some time in jail and pay a lot of money out of your pocket to the court. There’s a strong possibility that a top domestic violence defense attorney can help you avoid jail altogether. In many cases, a conviction can be avoided entirely. It may seem too good to be true, but you should know that there may be options available to you such as probation, a reduced charge, deferral and possibly a dismissal! When you have an attorney with LEWIS & DICKSTEIN, P.L.L.C. in your corner, you don’t have to ask yourself, how much jail time will I get for Domestic Violence?
The prestigious legal team with LEWIS & DICKSTEIN, P.L.L.C. specializes in the criminal defense of charges such as Domestic Violence. Our exceptionally qualified attorneys know how to best protect you and get your side of the story heard. We will listen when others will not. If you’re worried about jail time for a Domestic Violence charge, call us today at (248) 263-6800 for a free consultation or complete a Request for Assistance Form and one of our highly experienced attorneys will promptly contact you.
“We will find a way to help you and, most importantly,
we are not afraid to win!“
– LEWIS & DICKSTEIN, P.L.L.C.