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Domestic Violence Lawyers in Wheeling
Are you facing domestic violence charges? Don’t worry, Sean Logue, the dedicated Wheeling WV OVI Lawyer, is here to defend you.
Domestic violence allegations can be incredibly stressful, leaving everyone involved with feelings of anger and anxiety. Sean understands the pressure you’re under and will do his best to support you through this challenging time.
Crimes of Domestic Violence
When law enforcement responds to domestic violence calls, arrests are almost inevitable, regardless of evidence or the victim’s wishes. This can lead to court hearings and other stressful situations for the accused individual.
Contemporary times have seen increased penalties for domestic violence offenses, aimed at protecting victims but often resulting in life-altering consequences for the accused.
The term “domestic violence” encompasses various actions and behaviors within families or households. These can include sexual attacks, verbal abuse, and physical assaults. Sometimes, individuals are arrested for isolated incidents, while others have a history of such behavior.
Domestic Violence Defined
Let’s clarify what exactly constitutes domestic violence in West Virginia. You can be arrested and charged if:
- You recklessly cause physical harm to a family or household member.
- You knowingly attempt or cause harm to a family or household member.
- You instill fear in a family or household member using threats of physical harm.
It’s crucial to note that you can be arrested for domestic violence even if you never physically touched the alleged victim.
Domestic Violence Types
There are several types of domestic violence charges, including child abuse or neglect, domestic assault/battery, rape, sexual battery, menacing by stalking, and violating a protection order.
Domestic Violence Defenses
If you find yourself charged with domestic violence, it’s important to understand that simply telling your side of the story may not be enough to get the charges dropped. Unfortunately, the alleged perpetrator’s version often clashes with that of the alleged victim.
However, a skilled Wheeling WV criminal lawyer who possesses extensive knowledge and experience can employ a variety of defenses to potentially sway the court in favor of his client. Here are some commonly used defenses in domestic violence cases, although there are others that have not been included:
- False allegations: In certain cases, a soon-to-be ex-spouse or partner may level false accusations against the alleged offender as a way to seek revenge or to gain an advantage in civil matters, such as divorce, child support, or child custody.
- Self-defense: Everyone has the right to defend themselves, even in domestic violence situations. Courts are more likely to dismiss cases where the alleged victim’s actions caused the domestic violence.
- Lack of evidence: If there is no tangible proof of domestic violence, such as injuries or other evidence, the prosecutor will struggle to secure a conviction against the alleged offender.
- Accidental injury: Sometimes, an alleged victim sustains injuries due to their own negligence or other causes unrelated to the alleged offender.
- Defense of others: This defense applies when the alleged offender harms another family member in order to protect someone else from harm.
Penalties for Domestic Violence
When it comes to penalties for domestic violence, judges consider factors such as the severity of injuries, the type of victim involved, the offender’s criminal record, and the underlying charge. Domestic violence convictions can range from minor misdemeanors to first-degree felonies. Fines can start at $150 but may go as high as $20,000, and jail time can range from 30 days to 11 years.
If you find yourself facing domestic violence charges, consider seeking the assistance of Sean Logue, a dedicated Wheeling WV criminal lawyer who can fight for your rights. Contact him at (304) 381-3656 for the support you need.
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