It should be noted that domestic violence is not a single criminal offense but rather a broad category of criminal offenses that may be called domestic violence based on whether or not there is a relationship between the accused and the complaining witness.
In the case of an assault on a roommate, husband, ex-spouse, romantic partner, or the ex-new spouse’s boyfriend or girlfriend, or class c misdemeanor assault family violence, the assault would be termed domestic violence due to the nature of their relationship with that individual.
When someone is charged with assault, domestic violence is not considered an extra offense but rather is considered the sort of attack committed against the victim.
Having a domestic violence conviction can have long-term effects that can significantly impact a person’s life.
As a result, it is critical that you have a strong defense from an experienced domestic violence attorney on your side in order to fight the allegations against you and to fight for your rights and freedom.
Domestic Violence – Classification
Domestic violence and assault are not prosecuted separately. However, the nature of the connection between the parties involved might influence whether an attack was also prosecuted as domestic violence in that case.
If someone is charged with assault, it may be termed domestic violence if the parties involved are related by blood, marriage, adoption, or were romantically or sexually connected at one point in their lives or at one point in their lives.
The prosecution cannot prosecute a person with domestic violence and assault at the same time, even if the persons involved are related in some way.
Domestic violence is not a distinct offense; thus, the prosecution cannot charge someone with both domestic violence and assault.
Cases of Domestic Violence vs. Cases of Assault
If a case is determined to be one of domestic violence, there are several variations between that case and a criminal case that does not include persons who are in domestic relationships with one another.
A domestic violence section has been established in the courtroom, which will handle any misdemeanor criminal cases involving persons who are related by blood, marriage, have a kid in common, share the same residence, are in a romantic relationship, or have a partner in common. Inter-family connections are the term used to describe these types of domestic interactions.
Domestic violence crimes are sometimes viewed more severely than offenses that are not related to domestic violence.
A person who is accused of assaulting a member of their family, spouse, love partner, or roommate will frequently be punished more harshly by the prosecution than a person who is accused of assaulting an acquaintance, friend, or stranger despite the fact that both are charged with simple assault.
It makes no difference whether or not particular conduct is considered an instance of domestic violence; the legal penalty for that violation will be the same.
The maximum statutory penalty for making threats of physical harm is six months in prison and/or a $1,000 fine, or a combination of the two.
While the prosecution’s plea deals are consistent regardless of whether the case is classified as domestic violence or not, they may alter based on whether the case is classified as domestic violence or not.