Delaware Domestic Violence Defense

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Delaware Domestic Violence Defense
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delaware domestic violenceInvolved in a Domestic Violence Dispute in Delaware?

Qualified Delaware criminal defense attorneys have the knowledge, skill and experience that will provide you with the best possible defense for your case

Facing Domestic Violence Charges

The immediate need of a defense attorney after being arrested for a domestic violence dispute is no simple matter. If you are being charged with domestic violence, this complicated matter can certainly make you feel as if there are no solutions to your situation. In many cases, a domestic violence defendant can face being ordered to leave his or her home; being prohibited to visit or even see his or her children; and can even demand imprisonment. While these are some of the most severe results of being charged with domestic violence, they are nonetheless common results. In many cases, defendants will also run the risk of losing his or her employment. This is particularly true if the defendant works in the justice field or public sector.

If you have been accused and charged with domestic violence, an expert attorney can champion for your rights. A criminal defense attorney will see that the charges you are facing fit your crime. Further, he or she will fight to protect your rights and see these rights are upheld and protected.

Domestic Violence

The United States Department of Justice website defines domestic violence as being a recurring behavior which is abusive in a relationship. This abusive behavior is typically caused by one individual on to the other in order to be controlling or gain power over him or her. Domestic violence can take many forms. It can be sexual abuse, or even economic abuse. Domestic violence can also be psychological abuse. Threatening, which negatively influences a victim, can also be considered domestic violence. The most commonly known form of domestic violence is physical, however, in which on partner physically hurts or injures the other. In domestic violence disputes, abusive patterns of behavior can include, but are not limited to:

  • A recurring humiliation of an individual;
  • Purposefully terrorizing or coercing the other individual; and/or
  • Repeatedly intimidating and manipulating a victim.

While domestic violence is most commonly initiated between intimate partners, domestic violence can also be a charge concerning anyone who lives under the same household. For example, domestic violence can happen between parents and children, grandparents, or any other individual who lives in the same property. No relation to the individual is necessary.

What Are The Delaware Penalties If You Are Charged?

Unlike a few other states, Delaware has a specific group of people unto which “domestic abuse” can occur, rather than a more lenient system that would qualify, for instance, long-term platonic roommates. Instead, the definition of domestic violence in Delaware includes (but isn't limited to) physical or sexual abuse, or threats of physical or sexual abuse, or any other offense against the person committed by a parent against:

  • The other parent
  • Any child living in either parent's home, or,
  • Any other adult living in the child's home

If you are officially determined guilty for domestic violence charges, Delaware penalties range from misdemeanor to felony classification, depending on a number of aggravating factors, such as the frequency/repetition of abuse, as well as what the penalty for the regular crime, not having been committed against a family or household member, that fall outside the DV definition, such as rape, murder, and other specific offenses. In that case, you may receive that crime’s general state penalty, as well as additional penalties because of the domestic abuse aspect.

Crimes in Delaware law that may appear in domestic violence cases are included in the following crime classifications:

  • Class A Misdemeanors. These crimes are punishable by up to one year in jail and/or a fine up to $2,300. The court may also order the defendant to pay restitution (repayment for any medical expenses, property damage, or other costs incurred by others as a result of the crime). Assault in the third degree; carrying a concealed dangerous instrument; crime against a vulnerable adult; criminal contempt for a domestic violence protective order; and more are examples of a class A misdemeanor.
  • Class B Misdemeanors. Class B misdemeanors are punishable by up to six months in jail, a fine of up to $1,150, and/or restitution. malicious interference with emergency communications (such as preventing the victim from calling 911 or other helpline); trespassing with intent to peep; unlawful dealing with a child; and vehicular assault in the 3rd degree are all examples of a class B misdemeanor.
  • Unclassified Misdemeanors. Unclassified misdemeanors can result in a term of up to 30 days in jail and a fine of up to $575. Breaching conditions of prison release is an unclassified misdemeanor in Delaware.

As for felonies, common domestic violence offenses include:

  • Class A Felonies. Class A felonies are the most serious crimes in Delaware. First degree murder, and it is punishable by death or life imprisonment without the possibility of parole. Other class A felonies are punishable by 15 years to life in prison.
  • Class B Felony. A class B felony is punishable by two to 25 years’ imprisonment. Child rape is a class B felony.
  • Class C Felony. A conviction for a class C felony in Delaware can result in a prison term of up to 15 years. Promoting (profiting from or facilitating) child prostitution is an example of a crime in this class.

Aside from the particular crime committed, the primary factors influencing which type of penalty is likely to be imposed are the following: the victim’s relationship to you; for instance, domestic violence against one of your parents, versus domestic violence against a spouse or live-in partner; the nature of the purposeful terrorizing and/or coercing of the other individual; and/or evidence of having repeatedly intimidated or manipulated a victim, and to what extent this effected the victim’s daily life and wellbeing.

Facing Wrongful Domestic Violence Accusations

Unfortunately, there are countless situations in which one individual wrongfully accuses his or her partner of committing domestic violence. Aggrieved partners are able to make a simple accusation that will spark an investigation, which can ultimately change a person’s life. When feeling angry or betrayed, a resentful partner can make a wrongful accusation in an attempt to get revenge. Messy divorces or separations can often be a difficult situation to experience and if children are involved, it is common to see false accusations arise due to the attempt to gain sole custody of the children. These types of cases can quickly become very stressful and traumatic. A dangerous battle of hearsay can take a complete hold on your entire life. False accusations can be common and if this is your case, contacting an expert attorney can help overturn your case.

The Repercussions of Being Accused of Domestic Violence

Being charged with domestic violence can be one of the most devastating crimes you can be charged with. If you have been accused and charged with domestic violence, it is important that you know that this type of case can affect your employment. It can also affect any future employments and/or promotions. Hiring a qualified attorney who has experience in the matter can greatly benefit your case. An expert attorney will be able to determine if the charges filed against you fit your actions. He or she will also be able to see that your civil rights are being upheld.

If you have been blamed and charged with domestic violence, the implications of such can take an immediate effect on your life. Before you are legally convicted, you can be forced to move out of your home and you can also be prohibited to have contact with your children, if they are underage. Many domestic violence convictions can indicate a denial or severe visiting limitations with your children. In the worst cases, a conviction can implicate a complete loss your child’s custody. In addition to losing parental rights, a domestic violence defendant can be imprisoned, pay fines or post bail, be ordered to enroll in anger management programs, counseling, or even be placed in probation.

Defend Your Case

Being charged with domestic violence can have serious and immediate consequences. Unbeknown to many defendants, investigations can begin immediately without the need of much evidence. It is important that you begin working on your defense case sooner, rather than later. Don’t wait until it becomes harder to prove your case, begin defending your case immediately. Hiring an expert criminal defense attorney can be beneficial to your case. False accusations can happen to anyone, and even if that is not your case, you still have rights that can and should be protected. A qualified attorney should be knowledgeable and experienced in investigating the complications and difficulties of a domestic violence case. A professional attorney will also be sympathetic to the emotional nature of the case. A qualified criminal defense attorney will have the knowledge, skill and experience that will provide you with the best possible defense to your case.

 

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