People often panic after a domestic violence arrest and may rush to cooperate with law enforcement or enter a guilty plea, often in hopes of limiting the sentence imposed by the courts. However, once a defendant pleads guilty, they have minimal leverage for bargaining with the state.
When defendants are aware of the penalties that the courts may impose after a conviction, they can make an informed decision about how to respond to their charges. What sentence can the courts impose after a domestic violence conviction?
The courts have discretion during sentencing
Numerous factors influence the possible penalties in a domestic violence case. The prior record of the defendant, the extent of the injuries to the other party and even the use of a weapon can potentially worsen the charges and penalties. In a straightforward first-time domestic violence case, the defendant usually faces a misdemeanor charge.
The penalties allowed under law include up to a year in jail and $2,000 in fines. However, the state may instead impose summary probation lasting three years.
The convicted party may also need to complete a batterer’s intervention program. This is essentially a weekly course about domestic violence that lasts for an entire year.
The courts may also issue a protective order, also known as a restraining order, even if the alleged victim of the incident did not request a protective order hearing. The order can limit contact between the parties for the duration of the probation sentence.
Convictions can lead to a variety of penalties depending on how the courts view the situation. Discussing the circumstances leading to a domestic violence arrest with a skilled legal team can help defendants explore their options.