Crime of Domestic Violence
A person convicted of a crime of domestic violence by a guilty plea or a trial faces additional penalties beyond those imposed by the judge at sentencing. You will lose the right to possess a firearm, possession of a firearm or ammunition may constitute a separate crime, and parenting time with minor children may be restricted.
A “crime of domestic violence”, means an offense or the attempt to commit an offense that: (1) has, as an element, the: (A) use of physical force; or (B) threatened use of a deadly weapon; and (2) is committed against a: (A) current or former spouse, parent, or guardian of the defendant; (B) person with whom the defendant shared a child in common; (C) person who was cohabiting with or had cohabited with the defendant as a spouse, parent, or guardian; or (D) person who was or had been similarly situated to a spouse, parent, or guardian of the defendant.
A conviction for domestic battery is not a prerequisite for a crime of domestic violence determination. A trial court's determination that the defendant committed a crime of domestic violence, which gave the trial court authority to prohibit him from possessing a gun in the future, was upheld on appeal even though the defendant was not convicted of a crime that explicitly contained a domestic-violence element. In that case, the defendant was convicted of a class A misdemeanor battery but testified at his trial for that offense that the victim was his wife of 23 years, which constituted an admission.
An attorney experienced in representing defendants charged with crimes of domestic violence can assist in negotiating a plea agreement or preparing a trial strategy that avoids the additional consequences of such crimes. If you have been arrested for domestic battery or another crime of domestic violence, we are experienced and available to help you.