Fairmont Domestic Violence Defense Lawyer

Fairmont Domestic Violence Defense Attorney

West Virginia’s criminal laws allow for serious penalties when crimes involve the abuse of family members and romantic partners. Anyone accused of engaging in domestic violence can hire a Fairmont domestic violence defense lawyer to represent them in court. A strategic defense can help defendants avoid the harshest penalties under the law.

When residents in Fairmont stand accused of committing a crime, they know they can rely on Crowe Law, LLC to represent them in court. Our lead attorney focuses on criminal law, and he has helped defendants accused of domestic violence receive favorable outcomes in their cases.

Why Choose Crowe Law, LLC?

The mere accusation of domestic violence can damage your personal and professional reputation. Having legal representation can be an important first step when it comes to fighting the accusations you are facing and getting your side of the story across. With our founding attorney holding advanced education, including a Master’s degree and Juris Doctorate from West Virginia University, our practice is grounded in both academic knowledge and real-world experience.

At Crowe Law, LLC, we’re committed to providing compassionate, effective representation in domestic violence cases. Our firm prioritizes your rights and promises a dedicated defense to achieve the most optimal outcome possible for your situation. We understand how serious and stressful domestic violence accusations can be and will not rest until we resolve your case on favorable terms.

What Is Domestic Violence?

Domestic violence charges deal specifically with relatives and intimate partners. When someone physically harms a family member, romantic partner, or anyone who they cohabitate with, they can be charged under West Virginia’s domestic violence laws.

The laws allow for prosecution following an act of physical violence or any physical act that is insulting or provoking in nature. West Virginia’s criminal laws also allow for prosecution for acts that cause the victim to fear for their life. Under the law, the mere threat of violence is sufficient grounds for arresting someone for domestic violence.

Potential Penalties for Domestic Violence

In West Virginia, domestic battery and domestic assault are misdemeanors. Domestic battery involves intentional, unlawful physical contact with a family or household member or causing them physical harm, punishable by up to 12 months in jail or a fine of up to $500. Domestic assault involves attempting or threatening violent injury, punishable by up to 6 months in jail or a $100 fine.

For repeat offenses, penalties increase. A second offense can lead to 60 days to 1 year in jail and up to a $1,000 fine. A third or subsequent offense within ten years becomes a felony, carrying 1 to 5 years in prison and up to a $2,500 fine.

How an Attorney Can Fight Your Charges

An attorney can review your case before developing a strategy that works to weaken the prosecution’s case against you. They can gather evidence that shows you did not act with criminal intent. If you got in a physical scuffle with your romantic partner, your attorney could argue that both parties were fighting or that your actions were in self-defense.

Arguments between intimate partners can become heated, but that doesn’t mean that domestic disputes always rise to the level of a crime. The burden of proving guilt falls on prosecutors, and allegations from one party without substantial physical evidence may not rise to the standard of proving guilt beyond a reasonable doubt. If the victim has made statements against you, your attorney can look for inconsistencies in their statement to weaken their credibility.

Domestic violence cases are often misused by one party to malign the reputation of their ex. If there is an ongoing child custody case, it can provide motivation for one partner to try to gain an advantage in family court. If your current or former partner is motivated to harm your reputation by exaggerating your past conduct, an attorney can work to get your side of the story across.

FAQs

Which Defense Is Frequently Used in Domestic Violence Cases?

In domestic violence cases, a frequently used defense is self-defense. This defense argues that the accused acted to protect themselves from imminent harm or threat from the alleged victim. Key elements include demonstrating that the accused had a reasonable belief of immediate danger, that the force used was necessary and proportionate to prevent harm, and that the accused did not provoke the altercation.

What Happens If You Violate a DVP in West Virginia?

If you are charged with domestic violence in West Virginia, restrictions may be imposed as part of your bond conditions. Should you be found guilty, additional limitations could be enforced during your probation period. Violating the terms of your bond or probation can result in serious consequences, including the possibility of immediate jail confinement.

How Long Will a Domestic Violence Conviction B on Your Record in West Virginia?

A conviction for domestic violence will remain on your record for life. This is because anyone convicted of domestic violence cannot have that crime expunged from their criminal record. Anyone who wishes to keep this type of crime off their record should hire an attorney to fight their criminal charges. Legal representation can lead to the defendant’s charges being reduced or potentially dropped.

How Long Do Most Domestic Violence Cases Last?

As with most criminal cases in Fairmont, WV, the timeline for domestic violence cases can vary. If the case goes to trial, that could considerably add to the length of the case. Having legal representation can reduce the time you spend in court because an attorney can fight the charges you are facing or secure a favorable plea bargain agreement.

Schedule Your Domestic Violence Consultation Today

Being charged with domestic violence does not mean that you are guilty of committing a crime. Domestic violence crimes are complicated, and the victims may have personal motivations for trying to malign their ex’s reputation. One way you can fight back is by hiring a criminal defense attorney who can work to get your side of the story across.

Crowe Law, LLC understands the state’s domestic violence crimes and how to help secure favorable outcomes for their clients. If you are charged with harming an intimate partner, you need legal representation you can trust. Contact our office today to schedule your consultation.