Being arrested for domestic violence-related offenses is a very serious matter, one that deserves the attention of an experienced criminal defense attorney to protect defendants’ rights and their futures.

In general, committing criminal offenses against family and household members, such as simple assault or aggravated assault, is considered domestic violence. You do not get charged for “domestic violence,” but instead for the underlying offense, such as assault. Domestic violence arrests are somewhat common, and Pennsylvania police officers do not need a warrant to make arrests. Domestic violence can lead to non-expungable felony convictions that have long-term consequences, even after defendants serve a prison sentence.

For a free case evaluation from our domestic violence defense lawyers, call the Liberty Law Team at (215) 709-7431.

What is Domestic Violence in Pennsylvania?

Domestic abuse is a complicated and sensitive subject that is taken very seriously in the Pennsylvania criminal justice system, and its definition can be somewhat elusive to those without domestic violence defense lawyers in their corner.

In general, domestic violence is committing certain criminal acts, such as assault, harassment, or rape, against a family or household member. There is not a specific offense for domestic violence in Pennsylvania.

Instead, prosecutors charge defendants with the underlying offense. For example, if you are arrested for aggravated assault against a household or family member, you would face either a first- or second-degree felony offense specifically for aggravated assault, not domestic violence.

How Common Are Domestic Violence Arrests?

More people may be arrested for domestic violence than those who are ultimately charged and convicted of related offenses, and part of that may have to do with the fact that police officers in Pennsylvania are permitted to make warrantless arrests without having first-hand knowledge of domestic violence.

Instead of a warrant or witnessing domestic violence themselves, police officers only need probable cause to perform domestic violence arrests in Pennsylvania.

Because of this lower threshold, police officers might be more likely to arrest an individual when they respond to the scene. Stereotypes about what domestic violence looks like and who it affects could influence police officers’ opinions about an incident, leading them to arrest the wrong individual.

Can the Alleged Victim Drop Domestic Violence Charges in Pennsylvania?

The alleged victim in a domestic violence case may also be the complaining witness who called the police and accused you of domestic violence. Now, suppose that person recants their accusations after making them. Does that mean the charges against you will automatically be dropped, or does someone else make that decision?

A complaining witness has no authority to drop domestic violence charges in Pennsylvania. They also have no say in whether charges are filed in the first place; that decision is entirely up to the prosecution, though they may consider a victim’s wishes.

That said, if a complaining witness no longer cooperates with the prosecution, the charges may be dropped if the prosecution’s main evidence was the alleged victim’s testimony.

When is Domestic Violence a Misdemeanor Offense in Springfield, PA?

Domestic violence-related offenses may lead to misdemeanor charges in Pennsylvania, which can still have a profound effect on your life if convicted, even if a misdemeanor is less serious than a felony.

Defendants face misdemeanor charges when the underlying domestic violence-related offense they are accused of is a misdemeanor offense. For example, if you are arrested for simple assault against a family or household member, you might face a second-degree misdemeanor charge.

Reckless endangerment, making terroristic threats, and a first-offense of stalking are all misdemeanor offenses in Pennsylvania.

When is Domestic Violence a Felony Offense in Springfield, PA?

In more serious situations, defendants could face felony charges for domestic violence-related criminal offenses in Pennsylvania that carry much harsher consequences than misdemeanors.

One of the most common offenses related to domestic violence cases is aggravated assault. This offense is typically charged as a first-degree felony, but may also be charged as a second-degree felony in certain situations.

On a second subsequent conviction for certain domestic violence-related offenses that had previously been charged as misdemeanors, such as stalking, charges may be enhanced to felonies.

Can You Receive Enhanced Sentencing for a Domestic Violence Conviction?

Defendants who could be affected by sentencing enhancements in domestic violence cases need to know what that could mean for their future and possible sentence if convicted of domestic violence-related charges.

In Pennsylvania, there is a specific sentencing enhancement for defendants who commit simple or aggravated assault against a household or family member in view of a minor.

For other domestic violence offenses, the Domestic Violence Enhancement may be applied during sentencing, increasing a defendant’s Offense Gravity Score by 1 point. The higher a defendant’s Offense Gravity Score, the more serious the offense and the harsher the consequence.

How Often Do Domestic Violence Charges Go to Trial in Springfield, PA?

Domestic violence charges sometimes go to trial, as defendants are eager to prove their innocence. For some defendants, the risks associated with a trial are too great, and they want to know their options for avoiding court.

When domestic violence charges do not go to trial, which is often the case, it is because the defendant has accepted a plea deal. With a plea deal, you can plead guilty to a lesser charge that guarantees lesser consequences, which may be especially important if you are facing a possible sentencing enhancement for a domestic violence conviction.

Is a Domestic Violence Conviction Expungable in Springfield, PA?

Convictions for domestic violence-related charges will most likely remain on your criminal record indefinitely, so do not assume you can file for expungement, even if it has been years since your conviction and you have completed your sentence.

The only way to get a domestic violence conviction removed from your criminal record is by requesting and receiving a pardon from the governor, which is exceptionally rare in sexual violence cases and most likely not possible.

Get Our Help with Your Domestic Violence Defense in Springfield, PA

Call the domestic violence defense lawyers at the Liberty Law Team at (215) 709-7431 for a confidential, free case discussion.