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Indiana Domestic Violence Sentencing

The penalties for domestic violence vary depending on the specific charge and the severity of the crime, and can generally range from fines and community service to incarceration and even a death sentence. Misdemeanor domestic violence penalties depend on the facts of the individual case. Penalties for felony convictions are more severe, and depend on the crime's severity and surrounding circumstances. Judges will also look at prior convictions. If you have been arrested for a domestic violence act, protect your rights by contacting a criminal defense firm regarding your defense.

If you have questions about Indiana Domestic Violence Sentencing, contact a Jackson Domestic Violence attorneys now.

Misdemeanor Penalties

Sentencing for misdemeanor domestic violence convictions differs from state to state. The penalties also depend on the specific facts of each case. The court will consider prior convictions, whether you are on probation or parole, the local community's attitude toward the crime, and any mitigating or aggravating circumstances. A judge may sentence a defendant found guilty of a misdemeanor domestic violence to probation, a mandatory treatment program, short to moderate jail sentences, and fines. In some cases, the jail time can be served through alternative work programs. Financial impacts may also include missed work time, a "victim's fund" fine, a domestic violence fund fines, and monthly probation supervision costs and fees. In many states, misdemeanor defendants may face up to a year in the county jail plus a significant fine for each charged offense, but judges are usually a little more lenient for first offenses. For a first offense, the judge may suspend the jail sentence, and reinstate it if the defendant violates the terms and conditions of their probation. A defendant typically may not own guns while on probation and may be required to go through drug testing, substance abuse and anger management counseling.

In many states, first-time offenders are typically placed on probation, required to serve a few days of custody or public service, and complete some type of counseling. However, some communities are aggressively prosecuting domestic violence crimes, in which case jail time, house arrest, and electronic monitoring are routinely sought, even in first offenses and cases with only minor injuries. Subsequent offenses are almost always charged as more serious offenses, carrying more serious penalties. The main goal of a firm experienced in domestic violence cases is to get the charges dropped or reduced to a lesser offense and keep you out of jail. The prosecution may seek to introduce evidence of prior domestic violence incidents, whether or not they resulted in convictions. Many state legislatures have created exceptions to the rules of evidence, making evidence of prior uncharged incidents of domestic violence admissible, even though evidence of other crimes are not. If you have had prior charges brought against you, you must contact your defense attorney as soon as you believe that other charges may be brought.

Although it is still fairly unusual for a first-time domestic violence offender to get a lengthy jail sentence for a misdemeanor offense, misdemeanor penalties of counseling, public work service, and probation can be very disruptive. Also, if the defendant does not comply with court orders, the judge may send the defendant to jail, and jail sentences are common for lesser offenses if the defendant has prior convictions of domestic violence or is on probation for a violent crime.

Felony Sentencing

Penalties for felony convictions are more serious than for misdemeanors, and vary greatly by state, by the severity of the crime, and by the particular circumstances of each case. Generally, penalties range from shorter prison terms and moderate fines for less severe felonies to life sentences and large fines, and, in some states, death. In the case of a felony charge, contact a defense attorney promptly. If your case cannot be successfully defended, your lawyer may be able to arrange for a lesser sentence.

Conclusion

Domestic violence can be a very severe crime and is currently a hot political issue. Therefore, most police reports result in an arrest and many new laws have made it easier to convict for a domestic violence offense. Even less serious domestic violence offenses carry the possibility of serious penalties and life-changing requirements. If you are facing any domestic violence charge, you need the assistance of an experienced criminal defense attorney who is compassionate about your situation and will work hard to achieve the best results for you, whether that is a dismissal, an acquittal, a plea bargain, or alternative sentencing.

If you have questions about Indiana Domestic Violence Sentencing, contact a lawyer familiar with Indiana Domestic Violence Sentencing now.

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