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.
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.
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.
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.
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.
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.
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.
A Jefferson City man faced DUI charges following a field sobriety test. Charges against the defendant were dropped after Scott successfully maintained the client’s claims that the test results were inaccurate. While the client initially appeared to be in a difficult situation, Scott was able to push investigators to determine the sobriety test results as invalid, so the charges were dismissed.
A client from Fulton was accused of drug possession as a result of a home search. While drug charges may potentially be filed as a Class C felony involving severe consequences, Scott was able to help the client receive a reduced sentence. Ultimately, the client faced significantly smaller penalties compared to the initial charges.
One client sought legal assistance after an altercation with another individual in Jefferson City. The client was arrested on assault charges despite allegedly not starting the fight. Since an arrest can lead to life-altering penalties such as being terminated from employment and serving jail time, Scott was able to build a solid legal defense in the client’s favor and argued in favor of the client’s innocence.
I was thoroughly impressed with Scott Hamblin and his team, Madasyn and Cameo, as they represented me in a very difficult case, involving multiple businesses and complexities. Scotts knowledge and expertise was invaluable. He and his team involved me every step of the way throughout the entire process. I was included in email correspondences, as…
Scott helped us with a very difficult situation with utmost professionalism and expertise. He was at all times very professional and considerate of our needs. He provided excelent advise.
I would highly recommend attorney Scott Hamblin. Mr. Hamblin was very easy to work with, explaining all my options as the case progressed. He took into consideration my priorities, what was most important to me, and skillfully negotiated them into an ideal settlement agreement. And his legal assistant, Madasyn, is such a delight to interact…
I came across Scott Hamblin on the internet and read his bio and was very impressed. I have not been disappointed with his knowledge and understanding. If you are in need of a great lawyer, this is the call to make. You will not regret hiring him. Thank you, Scott.
I called Mr. Hamblin to represent my family member. When we went in to have a meeting, Mr. Hamblin was very honest said he felt that he could represent him and help with the matter that he had been charged with. I was so glad that I had contacted Mr. Hamblin on this matter, because…
Scott Hamblin represented my son in a high-profile case. Scott was highly professional throughout the course of the proceedings, prompt and thorough in answering all of our questions and, most importantly, was very prepared when he represented my son in the courtroom, which resulted in a very favorable outcome. Our family cannot thank Scott enough…
I am so grateful that I hired him, he gave me hope to overcome my fear and anxiety. Now my case was dismissed because of his hard work. Thank you so much Attorney Scott. May God bless you, and keep continuing to save people's lives!!!
I got stuck between a rock and a hard place in my situation as was in need of help. Scott was appointed to be via public defender for a federal case and I could not have wished for a better lawyer and overall individual. He would show up for me while I was incarcerated on…
I had received some felony charges and Scott fought it every single step of the way (and then some) to a jury trial and did so well, I was found not guilty on all counts! It wouldn’t have been possible without him. I’ve had several lawyers in the past and he is no comparison to…
He did a great job on my federal case
Scott Hamblin is the best lawyer any money could buy. He has gotten my boyfriend out of going to prison for a probation violation for a DWI. He has had a couple offenses on him in the past and Scott saved him from a few years down and was able to get him in a…
My husband and I hired Mr. Hamblin for a criminal matter that happen to me by accident I had some issues that happen and I have never been in any trouble. However, I did some research on criminal defense attorneys and Mr. Hamblin's name appeared. I did some research on him and found that he…
Scott helped me through a very tough time, being charged with a crime I had no knowledge of was very frightening. Scott calmly walked me through the process with professional authority. His knowledge of the court system and its process proved to be a great asset. Scott has been my lawyer for multiple court issues,…
For accessible and experienced representation, contact attorney Scott Hamblin today.
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