Criminal Defense For Domestic Battery WV

What Can TKC Law Do About Your Domestic Battery WV Case?

If you have been charged with Domestic Battery WV or are a victim of West Virginia domestic violence, you should contact an attorney as soon as possible to understand your rights. At TKC Law in Morgantown W Va, we understand the many different circumstances that could lead to a domestic battery charge. We can help you evaluate your case and offer you the best options for your defense. Give us a call now at (304) 689-4960.

A domestic battery is a misdemeanor offense that can carry up to six months in jail and fines of $500. A conviction for this crime could also make it difficult for you to find a new job, housing, or secure a loan. While there may be several defenses available depending on the circumstances of your case, it’s often beneficial to have an experienced attorney guiding you through the process. We offer free case evaluations at our firm so that we can talk through your options with you without cost or obligation.

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The Following Are Some Common Defenses Used When Fighting A Domestic Violence WV Charge:

Being accused of committing an act does not automatically mean being guilty of committing that crime. If you are being charged with Domestic Violence WV stemming from an argument, your attorney can argue that, as a reasonable person, you were only acting in self-defense. Prosecutors may claim they have witnesses or other evidence against you but if their statements are conflicting with each other or the witness is unable to identify you beyond a reasonable doubt then there isn’t sufficient proof of guilt.

If your accuser was the aggressor in the incident, they could be trying to frame you for something that wasn’t really an act of domestic violence. It’s important to present evidence that contradicts their account with an explanation as to why the alleged act didn’t take place. Whenever someone is accused of committing domestic battery against their significant other, family or household member, there is often an argument that takes place before any physical contact is made. Given the nature of this relationship, prosecutors may claim you had no reason to act in self-defense and therefore committed domestic battery. If your attorney can prove that it was necessary for you to act in defense of your life or health then you could be exonerated of the crime.

If you are convicted of domestic assault it becomes part of your permanent criminal history record which means even a misdemeanor conviction can have serious consequences on your future. Prison sentences vary depending on factors such as whether it’s your first offense and whether there were any injuries involved but even with minimal jail time this charge could impact your ability to get into some colleges or find a job in the future.

If you are facing domestic battery charges there may be several defenses available to you depending on your case, but an experienced defense attorney can help identify the best course of action when building a defense strategy. We offer free consultations, if you provide your contact information, so that we can talk through your options without cost or obligation. TKC Law knows WV domestic violence laws, so contact us or visit the section on our website today to set up an appointment with one of our attorneys.

Frequently Asked Questions About Domestic Battery WV

This is dependent on the circumstances of each case. If the person accused of battery has never been convicted of a crime before, then their chances are increased. It is also dependent on whether or not there was violence involved.

Domestic assault in West Virginia is defined as the attempt to commit a domestic battery, sexual battery, or sexual assault. This can be either through bodily harm or an offensive touching, either intentional or unintentional. It can be committed by one person against another person with whom that person has a present or former relationship.

The answer to this question is yes. Battery, or the use of violence against another person that results in bodily injury, can be charged as a felony if serious injury occurs during its commission. If there are no injuries resulting from battery it will instead become misdemeanor assault and domestic violence charges which carry lighter sentences compared with felonies like murder or robbery.

In West Virginia, the law defines domestic violence as any act of abuse between people who live together or used to live with one another. Abuse can be physical and emotional in nature such as threats or insults.

In WV, all types of behavior that fall under “abuse” are considered acts of domestic violence including: cursing at a partner; stalking them by phone call/email; hitting, slapping kicking biting etc.; causing injury through words like threatening to commit suicide if they leave you (coercive control); and even preventing your spouse from leaving during an argument or fight.

Domestic Violence in West Virginia Domestic abuse is defined as “an assault, battery or other wrongful physical conduct by an adult person against another […] which causes bodily injury” (WV Code §48-27). However, this code does not explicitly mention whether it considers the action to be criminal or civil and leaves room for interpretation. The definition of “injury” also varies between jurisdictions across America because some states allow minor injuries while others do not recognize any form of harm caused due to emotional distress alone. In most cases where there are no major visible external signs of corporal damage but only psychological trauma present that can still cause severe pain over time then courts would consider them under misdemeanor.

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