Domestic assault charges can be filed in several ways, depending upon the nature and circumstances of the reported incident. At such a highly emotional time, you need the defense of a skilled attorney who will calmly and clearly assess the implications of your local prosecutor’s decisions. The prospect of battered family members triggers much anger against the alleged defendant. However, every defendant deserves the right to qualified counsel throughout the process.
Level of assault
Several factors dictate the type of charges to be filed. If you are charged with intent to kill or seriously injure a domestic victim (defined as a family household member, including a child), first degree charges are filed as a Class B felony. If a domestic victim is seriously injured during an assault, or if you have previously pleaded guilty or have been found guilty, charges escalate to a Class A felony with severe penalties. Class B felonies carry a minimum of a five-year prison term while Class A felonies carry a minimum ten-year term.
Domestic assault can also be classified as second or third degree charges, depending upon the physical injuries suffered by another person and reckless circumstances. A Class C felony conviction could carry a jail term up to seven years. Third degree assault charges are typically a Class A misdemeanor unless there is a prior record of assault, which would again escalate charges to a Class D felony of four years in jail. A misdemeanor charge would include a prison term up to one year and a potential fine.
The burden of a Class D through Class A felony convictions is substantial, and understanding the differences in legal statutes confuses many people. If you are not familiar with the criminal justice system, you will be at a loss when dealing with police, prosecutors and judges. Your advocate will help you understand the implications of the case against you and will be present for court hearings and deadlines.
