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Domestic Assault/Domestic Violence

Criminal Law
Domestic Assault/Domestic Violence

Domestic Violence Attorney in Jefferson City

Domestic assault is a criminal offense committed against a family or household member. Family or household members include spouses, former spouses, any person related by blood or marriage, people residing together or who have resided together in the past, persons involved in a social or romantic relationship, and people that have a child together. Missouri’s domestic violence laws cast a wide net.

Why Should I Hire a Lawyer for my Domestic Assault Case?

Oftentimes, the only witnesses to a domestic assault are the people involved because domestic assaults typically happen when there is no one else around. It is common for these assaults to happen in homes, hotels, and other places that are typically more private. The prosecutor’s evidence is often based upon the alleged victim’s recollection of the incident. Prosecutors continue to take a strong position in charging acts of domestic assault. A prosecutor tends to believe the victim of the assault. This is why it’s important to have an experienced Jefferson City domestic violence lawyer like Scott Hamblin advocating for your best interest.

Every case is different and the facts and circumstances of each case dictate what a prosecutor can charge. Those same unique facts and circumstances can make a difference in the outcome of the case as well. This often makes domestic assault cases triable. Whether the case proceeds to trial or is resolved some other way is determined by a number of factors, including the wishes of the client. Once you have hired Scott, he will meet with you to evaluate your case and provide you with guidance regarding the best way to proceed.

What if No One Was Hurt?

A prosecutor can charge a domestic assault case even if no one was injured. A domestic assault case can be charged if a person places the other person in fear of immediate physical injury. This may happen by threatening to cause the person harm or even by hitting or punching near a person without striking them. In certain circumstances, a prosecutor might file charges if a person was throwing objects during an argument out of anger. A person may also be placed in fear of physical injury if a weapon is held by the offender.

A domestic assault can occur when someone knowingly causes physical contact with the family or household member, knowing that the person will consider the contact threatening. This could include hitting or pushing a person even though there the contact left no mark or bruise. A person can also be charged with a domestic assault case even when they did not intend to cause any physical injury or physical pain.

What if Someone Was Hurt?

The criminal law increases the offenses when a person is injured as a result of a domestic assault. Someone who attempts to cause physical injury, even though no injury occurred, can be charged with a felony. Someone who actually causes physical pain to a person is subject to a more serious charge. Examples of more serious offenses include situations where a person knowingly caused physical injury through the use of a deadly weapon, a dangerous instrument, choking or strangulation. Criminal offenses are even more severe when someone attempts to kill or inflicts serious physical injury on a family or household member.

What if I Have a Prior Assault Conviction?

A person who has previously pleaded guilty or been convicted of a prior assault or domestic assault can be charged as a prior or persistent offender. A person charged as a prior offender or a persistent offender can face additional consequences.

Can I Get Jail or Prison Sentence?

Although each case is different, the simple answer is yes. The penalties for acts of domestic violence can be severe, including jail and prison time. The type of charge filed by the prosecutor based upon the facts and circumstances of the case establishes the type of penalty involved. For a person who either pleads guilty or is found guilty after trial, the range of punishment can vary from a fine, probation or a day in jail up to prison. In situations where a person is charged with knowingly causing serious physical injury to a victim, the range of punishment could involve a mandatory minimum prison sentence of ten years to life imprisonment. Domestic violence convictions can also prohibit a person from possessing a firearm.

What Should I Do if I Have Been Arrested for Domestic Assault?

It is essential that you contact an experienced Jefferson City criminal defense attorney to discuss your case. For more than two decades, Scott Hamblin has represented individuals charged with criminal offenses throughout central Missouri. Scott has represented first-time offenders, those involved in accidental or unintentional crimes and individuals in domestic assault situations involving dangerous and deadly weapons. He has also represented individuals charged with assault resulting in serious physical injury and also death. Enlisting the help of an attorney with a varied case history and the knowledge necessary to navigate the legal system is the most important step you can take in defending yourself. Contact Scott Hamblin for more information on how he can assist you with your case.

He’s On Your Side

Scott will keep you up to date on all important developments in your case. When you need to get in touch with him, he will be there to answer your call or return it promptly.

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