Do You Need an Attorney to Defend Domestic Violence Charges?
Interviewer: It sounds like the stakes are so high with domestic violence that you’d definitely want an attorney involved. Is it correct to say that it would be foolish to not have one?
Any Domestic Violence Conviction Will Result in Permanently Losing Your Right to Own a Firearm
Adam: Right and actually the stakes go even further than just the no contact order. Congress passed what they call the Lautenberg Act, which permanently prohibits any domestic violence statute offender from owning a firearm.
A Conviction Will Hinder Your Future Employment Options
They could never go hunting if they’re a hunter, especially in my area. There are many people that hunt recreationally in Ohio. Additionally, any conviction will prevent you from becoming a police officer; in fact, you couldn’t actually even become a realtor.
Interviewer: Please explain why a conviction for domestic violence will prevent you from becoming a realtor.
Adam: Because of the required background check necessary to become a licensed realtor. A domestic violence conviction will make that field not an option for your future employment consideration.
If You Are in the Military and Are Convicted on a Domestic Violence Charge, You Will Be Dismissed Without an Honorable Discharge
As I mentioned, not being able to own a gun would prohibit you from being a police officer. If somebody was in the military when they are convicted, they are known as being Lautenberged.
And the conviction will result in them being dismissed without an honorable discharge because of their inability to use a firearm under the federal law.
If the Alleged Victim recants, Is There Likelihood of Being Charged With a Lesser Offense?
Interviewer: How often do you have cases where the victim literally refuses to testify? Or not only do they recant but they say I don’t want this to go forward and they refuse to help the prosecution?
Adam: It’s tough to say percentage wise. If the victim does not help the prosecutor’s case, there is a pretty good chance that my client may be charged with a lesser offense, such as a disorderly conduct M4 misdemeanor 4.
The sentence will include being ordered to undergo some anger management classes or something to that effect, and will not include a jail sentence. They’ll be placed on probation and that is a typical plea agreement pending circumstances. You wouldn’t necessarily see that offer if we’re talking about with a felony offense.
By Adam Hunt