Domestic violence is a serious issue, and the law reflects that reality. It’s also an emotionally charged issue that people, including juries, want to see punished possibly more than other crimes. That’s why if you’re charged with domestic violence in Hot Springs, AR, it’s critical that you have a substantial defense. One of the ways that you can assure yourself of that is by working with the right Hot Springs domestic violence defense lawyer.
At Kevin Lemley Law Partners, you will find criminal defense lawyers ready to defend you against these kinds of charges. With years of experience compassionately defending clients, you’ll be protected in the hands of our firm.
There are three degrees of potential domestic battering charges that you could be charged with. They all involve intending to cause serious physical injury to a household or family member and having followed through with that intent. The degree that is charged depends on the nature of the injuries caused, who was injured, and what was used to cause the injuries.
These may be classified as something between a Class A misdemeanor and a Class A felony. The penalties could include fines, probation, and sentences of less than a year in jail all the way up to 30 years in prison.
The threat of harm against a family or household member may also be a form of domestic violence. Creating a substantial risk of serious harm or death, threatening with a firearm, or impeding someone’s breathing could all be considered aggravated assault. This is a Class D felony and is punishable by up to a $10,000 fine and as many as six years in prison.
A: If you find yourself arrested, it’s important to realize that those moments can be critical to your case and future defense. In those moments, there are things you could do that preserve your defense and may help or things that could negatively impact your defense. Some of the important things to remember are:
A: Domestic charges are characterized by the relationship that existed between the victim and perpetrator prior to the incident. They must be “family or household members.” These are defined as:
A: Defending against any kind of domestic violence charges will be dependent upon the particulars of the charges and the nature of the incident involved. It’s important to remember, though, that in all criminal charges, the burden of proof is on the prosecution. This means that they must be able to demonstrate, beyond a reasonable doubt, that the crime was committed.
In many cases, a solid defensive strategy may be to challenge the case made by the prosecution in a few different ways. Perhaps the evidence is weak and can be challenged as not being what the prosecution claims it to be. The narrative presented by the prosecution could also potentially be challenged as well. The point in these cases is not necessarily to “prove innocence” but rather to create enough doubt in the minds of jurors that they can’t convict the accused.
A: A defense lawyer has several important roles that they perform for their clients. Firstly, they act in service of protecting their clients’ rights. You are afforded certain rights within the legal process, and your lawyer is responsible for protecting those rights. They can help protect you from self-incrimination, fight to ensure you have a fair trial, and stand up for your other constitutional rights.
They will also act as your representation through the legal process. This means that they will conduct a thorough investigation of the situation surrounding the charges. In particular, they will have to think like a prosecutor would in order to gather evidence that could potentially poke holes in the prosecution’s narrative and put doubt in the minds of the jury.
The investigation will prove the foundation of your defense in a trial, but before even getting to that point, there are other ways your lawyer may represent you. The prosecution may offer a plea deal, and your lawyer will represent you in those negotiations. Your lawyer may also attempt to get the charges thrown out if legal grounds can be found. If, though, the case does go to trial, your lawyer will represent you and put forth your defense.
Domestic violence is a criminal offense and is taken very seriously by the state of Arkansas. Because the crime involves taking advantage of vulnerable people, the penalties are especially severe, and the court can be very hesitant to offer any leniency.
For juries, too, this is an issue that can often involve significant emotions that the prosecution may try to play on. This means that a defense against domestic violence charges must be robust and argued well. When you are represented by Kevin Lemley Law Partners, you will be working with a team that has experience defending against claims of domestic violence. We are ready to represent you if that’s the situation you find yourself in. Contact us today to discuss your case.