Connecticut Domestic Violence Defense

Involved in a Domestic Violence Dispute in Connecticut?

Qualified Connecticut 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 Connecticut Penalties If You Are Charged?

If you are officially determined guilty in domestic violence charges, Connecticut penalties range from misdemeanor to felony classification, depending upon a number of factors that we cover more below, but the maximum penalties for each of the following classes of felonies and misdemeanors that concern common DV crimes are:

• Class A Misdemeanor: Threatening in the second degree; second-degree stalking; criminally negligent homicide; sexual assault 4th degree (victim 16 or older); criminal mischief 2nd degree; criminal trespass 1st degree; false statement 2nd degree; interfering with an emergency call; tampering with private communications; abuse 3rd degree; and reckless endangerment in the first degree are all Class A misdemeanors. Punishable by up to 1 year in prison and up to $2,000 in fines.
• Class B Misdemeanor: Criminal mischief 3rd degree; reckless endangerment 2nd degree; criminal trespass 2nd degree; and criminal mischief 3rd degree are all Class B misdemeanors. Punishable by up to 6 months in prison and up to $1,000 in fines
• Class C Misdemeanor. Harassment in the second degree, and third-degree stalking are both Class C Misdemeanors. A class C misdemeanor conviction can result in a jail term of up to three months and/or a fine of up to $500.

And for felonies:

• Class A Felony. Assault of pregnant woman resulting in termination of pregnancy; sexual assault 1st degree (when use or threaten force and victim under 16 or victim under 13 and actor more than two years older); aggravated sexual assault 1st degree (victim under 16); kidnapping 1st degree; and employing a minor in an obscene performance are all Class A felonies. Punishable by up to 25 years in prison and up to $20,000 in fines.
  • Class A Felony—Aggravated sexual assault of a minor. This is a special, separate felony class, though it is housed by the Class A felony. 1st offense will result in 25 years’ imprisonment, and any subsequent offense will result in an additional 50 years.
• Class B Felony. Manslaughter 1st degree; assault 1st degree (five years minimum when committed with a deadly weapon or dangerous instrument; 10 years if victim is under age 10 or a witness); assault of an elderly, blind, disabled, or pregnant person or person with intellectual disabilities 1st degree; sexual assault 1st degree (also an A felony under certain circumstances, see above); aggravated sexual assault 1st degree (victim over age 16); sexual assault in spousal or cohabitation relationship; sexual assault 3rd degree with a firearm (victim under 16); promoting prostitution 1st degree; and kidnapping 2nd degree with a firearm are all Class B felonies. Punishable by up to 20 years in prison and up to $15,000 in fines.
  • Class B Felony—Manslaughter 1st degree with a firearm. Like with the special Class A felony class, this is a special, separate crime class, though it is housed by the Class B felony. Has a mandatory minimum sentence of 5 years.
• Class C Felony. Manslaughter 2nd degree; manslaughter 2nd degree with a firearm; manslaughter 2nd degree with a motor vehicle while intoxicated; strangulation 1st degree; sexual assault 2nd degree (victim 16 or older); sexual assault 3rd degree (victim under 16); intimidating a witness; falsely reporting an incident resulting in serious physical injury or death; and abuse 1st degree are all Class C felonies. Punishable by up to 10 years in prison and up to $10,000 in fines.
• Class D Felony. Assault 2nd degree; assault 2nd degree with a firearm; assault of an elderly, blind, disabled, or pregnant person or person with intellectual disabilities 2nd degree; threatening 1st degree; strangulation 2nd degree; sexual assault 3rd degree (victim 16 or older); sexual assault 4th degree (victim under 16); custodial interference 1st degree; substitution of children; criminal mischief 1st degree; tampering with or fabricating physical evidence; false statement 1st degree; falsely reporting an incident 1st degree; falsely reporting an incident concerning serious physical injury or death; stalking 1st degree; harassment 1st degree; incest; criminal violation of a protective order; criminal violation of restraining order; and abuse 2nd degree are all Class D felonies. Punishable by up to 5 years in prison and up to $5,000 in fines

Beyond the crime itself, 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
• Repeatedly intimidating and manipulating a victim, and to what extent this effected the victim’s daily life.

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.