Haverford, PA Domestic Violence Defense Lawyer

Pennsylvania takes domestic violence seriously, and you might end up facing felony charges for acts of violence and other forms of domestic abuse against family or household members.

Domestic violence is not a specific offense in Pennsylvania. If you are arrested, you could face charges for the underlying offense, common ones being simple assault, aggravated assault, harassment, stalking, and strangulation. Committing certain acts of violence against family or household members puts you at risk of enhanced grading and more severe penalties because of the domestic violence aspect of the case. There are more consequences of domestic violence-related convictions than just going to jail or facing fines, so it is important to do everything in your power to mitigate or avoid unfair consequences.

Call the Liberty Law Team’s domestic violence defense lawyers at (215) 709-7431 for your free case review.

How is Domestic Violence Defined in Haverford, PA?

Most people have heard the term “domestic violence” before, but are not exactly sure what it means or how it is defined in Pennsylvania criminal law.

In general, domestic violence and abuse are defined as the occurrence of one or more particular violent acts directed at a household or family member. For example, attempting to cause or intentionally causing bodily injury, serious bodily injury, rape, and statutory sexual assault against a family or household member are all considered domestic violence-related offenses.

Putting someone in reasonable fear of imminent serious bodily injury is also considered domestic violence, even if no physical contact occurs.

What Are the Most Common Domestic Violence Charges in Haverford, PA?

Certain charges are more common than others in domestic violence-related cases, such as simple and aggravated assault. Charges for sexual offenses are also relatively common, such as rape and statutory sexual assault.

Simple Assault

Simple assault is one of the most common domestic violence-related offenses that lead to arrest in Pennsylvania. In most cases, simple assault is charged as a second-degree misdemeanor. However, simple assault may be charged as a first-degree misdemeanor when someone 18 or older commits the offense against someone under the age of 12.

Aggravated Assault

Aggravated assault is another common domestic violence-related offense that typically involves intentionally causing or attempting to cause serious bodily injury, though other acts constitute aggravated assault, such as attempting or causing bodily injury with a deadly weapon. Aggravated assault can be charged as a first- or second-degree felony in Pennsylvania, depending on the specific facts of the case and ages of the parties involved.

Stalking

For first-time offenders, stalking is typically charged as a first-degree misdemeanor in Pennsylvania. Stalking can be charged as a third-degree felony on a second or subsequent offense or if the defendant facing stalking charges has been convicted of a crime of violence against the same victim or household member in the past.

Harassment

Harassment is another offense that is common in domestic violence cases. It is initially a summary offense, which is less serious than even a third-degree misdemeanor and most likely will not result in any jail time.

However, harassment can be enhanced by one degree if the defendant violated a protective order against the same victim, meaning a summary offense would become a third-degree misdemeanor.

Strangulation

Strangulation occurs when one person intentionally impedes another person’s breathing. Strangulation of a household or family member will result in a second-degree felony charge because of the domestic violence component of the case.

Strangulation can even be charged as a first-degree felony if the alleged victim had a protection order in place against the defendant at the time the offense occurred.

Sexual Offenses

Sexual offenses committed against family or hocusehold members are also considered domestic abuse. They may result in serious felony charges for rape, rape of a child, statutory sexual assault, female mutilation, and involuntary deviate sexual intercourse, and other offenses.

How Much Prison Time Could You Get for a Domestic Violence Conviction?

How much prison time you could get for a domestic violence-related conviction depends on what underlying charge you were convicted of and whether any sentencing enhancements apply.

Even for a second-degree misdemeanor charge for simple assault, convicted defendants could face up to 2 years in prison. As discussed, some domestic violence-related offenses are charged as serious second- and first-degree felonies, which could lead to 10 and 20 years in prison, respectively.

Sentencing enhancements may apply to domestic violence-related charges, and our domestic violence defense lawyers can explain what that could mean for your possible sentence if convicted.

Will You Lose Your Firearm Rights After a Domestic Violence Conviction in Pennsylvania?

Domestic violence can have many more consequences for defendants convicted of offenses in addition to prison time, such as losing your right to own a firearm.

In Pennsylvania, defendants convicted of any domestic violence offense, even misdemeanor offenses such as simple assault, become prohibited persons and may not own firearms. If you previously were a gun owner before you were convicted, you will have to relinquish your weapons, even if you do not go to prison for the conviction.

Restoring your gun ownership rights after a domestic violence related-convictions is very unlikely, though not impossible.

Do the Police Need a Warrant to Arrest You for Domestic Violence in Haverford, PA?

In most situations, the police need a warrant to perform an arrest, although that is not always the case when they respond to domestic violence calls.

If officers have probable cause, they can perform warrantless arrests for domestic violence, even if they did not witness the offense or violence firsthand.

Officers might believe they have probable cause after observing fresh injuries and broken items or speaking with the parties involved and arrest someone out of concern for the situation. That does not mean charges will be officially filed or prosecuted, so do not panic if you were arrested for domestic violence without a warrant after a negative interaction with a family or household member.

Our Haverfod Domestic Violence Defense Attorneys Can Help

Call the Liberty Law Team at (215) 709-7431 for a free case review from our domestic violence defense lawyers.