Domestic violence charges involve any act of violence that occurs between people who live together or are involved in a romantic or sexual relationship. It is one of the most common criminal charges because it affects people from every walk of life, and romantic relationships often lead to emotional turmoil that drives people to violence. In fact, you are more likely to be assaulted or killed by your spouse than anyone else.
In Memphis there is Domestic Violence Court dedicated solely to these types of cases because there are so many of them, and James Greene was the public defender in that court for the first two years of its existence. The penalties are generally the same as other misdemeanor charges except you are likely to be required to attend anger management classes as part of your plea bargain. There will also be a domestic violence assessment conducted by a psychologist who will report to the court on your propensity for violence. Another way to resolve these cases is to have the victim tell the court they don’t want to press charges and drop the case. If there wasn’t any physical harm in the fight, then the case is much more likely to be dismissed.
The biggest problem for lawyers and prosecutors in handling domestic violence cases is that it is incredibly difficult to determine who’s telling the truth since there are rarely witnesses to domestic violence. Domestic violence charges are often based purely on the testimony of the victim, so if there are no injuries, there is no actual proof the assault ever occurred. Because of this there is a very high amount of false allegations of domestic violence because people know they can call the police and say their spouse hit them, which will get that person removed from the home and arrested. If your spouse has had you arrested on false allegations of domestic violence, you should probably consider a divorce and get out of that situation because they will do it again.
- First-time domestic violence arrests
- Misdemeanor domestic violence charges
- Felony charges resulting from multiple arrests
- Charges of attempted murder and assault with a deadly weapon
- Domestic violence that also involves divorce litigation
- Violations of orders of protection
- Helping the abused obtain orders of protection
- Challenging false accusations of abuse
- Situations where an arrest on DV can lead to probation or diversion revocation
- Cases involving child abuse and neglect charges
The Consequences for a Domestic Violence Conviction are Serious
You do not have to face these consequences alone. Davis & Greene will create a strategy for your defense that is tailored specifically to your circumstance and that is also based on strategies that have worked in the past. We can minimize your risk of conviction on domestic violence charges. Conviction can lead to:
- Incarceration for weeks, months and, perhaps, years
- Massive fines in the thousands of dollars
- Anger management classes and, perhaps, mandatory therapy
- Restrictions on your ability to visit your spouse or partner and your children
- Strict rules limiting your right to bear arms