Contrary to what many believe, domestic violence is not just one criminal charge but a label that may be applied to various charges. Defendants facing domestic violence charges may face charge and penalty upgrades, among various collateral consequences. Whatever you do, call a lawyer for help immediately.

Domestic violence charges may apply when certain crimes are committed against certain people, often family members, people you live with, or romantic partners, to name a few. You can challenge the charges by undermining the underlying offense or challenging the nature of your relationship to the alleged victim. The best defense will depend on your unique circumstances, and you should contact an attorney now.

Call (215) 826-3314 and ask our domestic violence defense lawyers with the Liberty Law Team for a free, private legal analysis of your case.

How Are People Charged with Domestic Violence in Swarthmore?

Domestic violence is not just one crime but a label that may be applied to many different offenses if those offenses are allegedly committed under certain circumstances.

Who is the Alleged Victim?

One crucial factor when determining domestic violence charges is the identity of the alleged victim. A defendant must be alleged to have committed a crime against a family member, household member, sexual or intimate partner, or someone who shares biological parenthood (i.e., siblings).

Put another way, domestic violence crimes typically involve family members or partners, people with whom you share a domestic living situation.

The Alleged Offense

The law specifically mentions several crimes as being acts of domestic violence, including attempting to cause or knowingly, reckless, or intentionally causing…

• Bodily injury
• Serious bodily injury
• Rape
• Involuntary deviate sexual intercourse
• Statutory sexual assault
• Sexual assault
• Aggravated indecent assault
• Incest
• Indecent assault with a deadly weapon
• False imprisonment
• Physical or sexual abuse of minor children
• Stalking
• Placing someone in fear of imminent serious bodily injury

Common Scenarios

Many cases stem from acts of violence between intimate partners. Fights, even mutual fights where both parties try to cause harm, are common scenarios.

Many other cases stem from abuse. Repeated acts of assault against a partner or family member, sometimes including sexual assault, are commonly reported as domestic violence crimes.

In many cases, neighbors or other household members call the police to the scene of domestic disturbances. In other cases, the alleged victim may report the alleged crime to the police in secret, and defendants are taken by surprise when the police show up at their door.

How Can You Fight Domestic Violence Charges?

Domestic violence charges may carry serious criminal penalties and usually come with a degree of social stigma. As such, we must develop a strong, vigorous defense strategy as soon as possible.

Impeaching Witnesses

One defense method is to undermine the credibility of the prosecutor’s witnesses. Supposed victims may lie about what happened as a way of getting back at a family member or partner they are angry with. This is an unfortunate situation that happens more often than people realize.

Some people even get others to lie on the witness stand for them. Their friends, neighbors, and other family members might believe the lie or even be aware of it and agree to falsely testify against you. We can catch victims and witnesses in a lie if they present information that conflicts with something they said before, which is common.

Highlighting a Lack of Evidence

Many cases lack enough evidence to secure a conviction. When cases are based largely on “he said she said,” prosecutors have a very difficult time meeting their burden of proof.

We may be able to file a pretrial motion to dismiss the case if the lack of evidence is so glaring that it is clear from the start that prosecutors will not meet their burden.

Challenging Your Relationship to the Alleged Victim

If the supposed victim is not a family or household member, is not a romantic partner, and is in no way biologically related to you, we may argue that the charges should not be labeled as domestic violence.

The fact that the alleged crime supposedly took place in your home does not make the alleged victim a household member or the offense an act of domestic violence.

How Does Domestic Violence Affect Criminal Penalties?

Domestic violence tends to make charges and penalties worse. Even if you cannot beat the charges entirely, removing the label of domestic violence may lessen the potential penalties.

Upgraded Charges

Some charges may be upgraded by one degree. For example, a first-degree misdemeanor may be upgraded to a third-degree felony if the alleged offense involves domestic violence. Each offense may be graded differently, so it is important to review the charges with your lawyer to determine how domestic violence affects them.

Sentencing Guidelines

Even if charges are not upgraded, the penalties may be harsher if domestic violence is proven. Pennsylvania Sentencing Guidelines may allow judges to impose harsher sentences if a defendant is convicted of a crime involving domestic violence.

Collateral Consequences

Domestic violence convictions may come with various collateral consequences in addition to penalties imposed at sentencing. Many convicted defendants lose their gun rights and can no longer legally obtain or carry a firearm. Any firearms they own must be relinquished, even if they previously owned them legally.

Defendants may also be the subject of protective orders that prevent them from seeing children and other family members.

How Can People Be Arrested for Domestic Violence?

While the police generally need an arrest warrant to take someone into custody, the police may execute a “probable cause arrest” if they have probable cause to believe that a suspect has committed a crime of domestic violence.

Are Domestic Violence Offenses Always Charged as Felonies?

Not necessarily. Many misdemeanor offenses may also be charged as domestic violence if the relevant legal criteria are met. Keep in mind, domestic violence often involves upgraded charges, and your charges could be upgraded to something harsher.

What Should You Do if Someone Accuses You of Domestic Violence?

If someone accuses you of domestic violence, call a lawyer immediately. If possible, avoid contact with the person who accused you. The more time you spend with them, the worse your situation may become. Avoid talking to anyone about the accusations, especially law enforcement, until you have hired a lawyer.

Will You Lose Custody of Your Children if You are Convicted of Domestic Violence?

If a person is convicted of domestic violence, the conviction may come up in a custody hearing. If you were previously convicted of a domestic violence offense and are now in the middle of a custody battle, you should contact a family law attorney for help.

Review Your Case with Our Swarthmore Domestic Violence Defense Lawyers

Call (215) 826-3314 and ask our domestic violence defense lawyers with the Liberty Law Team for a free, private legal analysis of your case.