Domestic Assault

Domestic violence accusations involve a wide variety of laws, covering everything from false imprisonment and stalking to sexual assault and physical assault. One of the most frequent charges linked to domestic violence is simple assault, which can be elevated to aggravated assault depending on the circumstances.

When police officers respond to a domestic disturbance, the situation can escalate rapidly. Law enforcement has the power to make an arrest on the scene without needing a warrant first. Once the case moves to the District Attorney, the victim does not have the authority to simply drop the charges if they change their mind. Because the legal system is complex and the stakes are so high, the accused will need the help of a dedicated Morgantown criminal lawyer to navigate the process effectively and ensure their rights are defended.

Special Investigative Powers of Police

In situations involving domestic violence, police officers in Pennsylvania have specific authority to arrest a suspect without a warrant. This applies if they have probable cause to believe that crimes such as assault, aggravated assault, involuntary manslaughter, stalking, reckless endangerment, or terroristic threats have occurred. However, for a warrantless arrest to be valid, there usually must be supporting evidence observed by the officer, such as recent, visible physical injuries on the victim.

Police are also mandated to confiscate any weapons that were used during the alleged crime to ensure safety.

When it comes to assault cases, bail conditions can be quite restrictive. A judge may require the defendant to stay away from the victim’s home or workplace and completely refrain from any further criminal acts against them. If you live with the person accusing you, being forced to find somewhere else to live is both difficult and expensive, particularly if the case drags on. A skilled Morgantown DUI attorney, who is also well-versed in criminal defense, will work to present you to the court as a non-threatening individual. The goal is to minimize these burdensome bail conditions. However, it is important to remember that violating these conditions can lead to your bail being revoked and you being sent back to jail.

The consequences of domestic assault charges often go far beyond the courtroom. You might be forced to move into a motel temporarily, which can drain your finances and cause you to miss bill payments. Having to move in with friends or family can strain those relationships and increase stress for everyone. Your job performance could drop, or you might lose your employment entirely due to time spent in jail or simply because of the criminal charge. Furthermore, the reaction from the community in Berks County can be unpredictable. People may read about the charges in the paper and assume guilt, leading to damaged reputations and social isolation. A knowledgeable Morgantown criminal lawyer knows that these personal repercussions are just as serious as the legal penalties.

Domestic Assault Protective Orders

Victims of domestic assault have the legal right to request a protective order, which is a vital tool for their safety. This order is designed to keep the defendant away, prohibiting any contact with the victim and forcing them to leave a shared residence. In some instances, protective orders can also address issues like child custody and financial duties, such as child support. Additionally, the judge has the discretion to restrict the defendant’s access to firearms and order them to pay restitution to the victim.

Violating a protective order is a serious offense with harsh penalties. If you breach the order, you can be held in indirect criminal contempt of court. This can result in a fine of $1,000 and a jail sentence of up to six months. Domestic assault charges carry significant legal weight and should always be handled with the utmost seriousness, often requiring the strategic defense of a Morgantown DUI attorney.

Domestic Assault

If you are facing domestic assault allegations, it is essential to have the backing of an attorney who specializes in criminal law and domestic violence. At Logue Law Group, our team is committed to securing the best possible results for our clients. We serve Morgantown, Pennsylvania, and the surrounding Berks County areas, offering free initial consultations. To discuss your case, contact Morgantown criminal lawyer at (304) 381-3656, or reach out to us online.