Domestic Violence / Assault / Family Violence

Assault cases evoke strong emotional reactions – at the heart of an assault allegation is an injured person. However, the criminal laws have multiple definitions for “injury” and a range of punishment for each type of injury.

“Domestic Violence” cases are Assault offenses, but are based on an intimate relationship between the parties. The label “Domestic Violence” serves a legal purpose for the prosecutor – to enhance the punishment either now or in the future. However, the label also serves a psychological purpose for the prosecutor – these allegations evoke strong emotional reactions, play to a bias against the “abuser,” and foster a belief that the jury ensures the “abuser” does not get away with the bad act. The prosecutor's use of the label empowers the jury to save the alleged victim. In trial, the prosecutor may even attempt to get a jury to distinguish “bar-room brawls” from “domestic violence” – creating a perception the first may be acceptable sometimes, but the jury should never tolerate even the mere allegation of family violence. However, under the law, both instances are the same, and the prosecutor has the same
burden in both – to prove the criminal case beyond a reasonable doubt.

Sometimes these cases arise from mere allegations; allegations that may prove false. The accuser may have motivations for making false claims – marital instability or as leverage in a divorce proceeding or child support action. And sometimes, it may have just been a man and a woman having a loud argument and a neighbor called the police, and the police decided someone had to go to jail to quiet the disturbance.

Criminal allegations can wreak havoc on the home, personal life, and jeopardize employment. Furthermore, these cases very rarely end at the courthouse – they can have long-lasting effects well into the future.

A person accused of this crime will benefit from the assistance of experienced domestic violence lawyers – those who have interviewed witnesses involved with this type of crime and have tried a large number of these cases.