In Pennsylvania, criminal defendants facing domestic violence charges could incur higher penalties. For example, a standard assault and battery charge is increased according to this additional classification. The crimes are defined as bodily harm or the intent of harm against a family or household member. A domestic violence attorney in Lancaster County, PA provides a proper defense for these defendants.
Identifying the Real Aggressor
The first task of law enforcement officers is to determine which party is the aggressor. When it isn’t clear who started the altercation, the officers may take both parties into custody. When both parties are arrested, they both are charged with the offense. However, in the trial, it is likely that one party will be identified as the aggressor.
The Terms of a Protection Order
The protection order is issued according to the requirements of the case. It prevents contact between the parties and presents provisions for their release from jail. This includes visiting the home or places in which either party visits frequently. Any violation of the order leads to further criminal charges.
How the Case Affects Civil Pursuits
Any connecting case could be modified based on the outcome of the criminal proceedings. For example, if the victim was a spouse or a child, the conviction could warrant the need for an additional protection order. If the child is the victim, the aggressor will be required to participate in supervised visitation or lose their parental rights altogether.
Potential Penalties and the Full Impact
The charges increase the overall penalty based on the identity of the victim. This could increase the prison sentence or the exact classification for the crime. It could also increase the projected fine for the defense based on the domestic violence classification.
In Pennsylvania, criminal defendants must build a viable defense against domestic violence charges. These offenses indicate that the accused had the intent to cause bodily harm or threatened to cause harm to a household or family member. Defendants who are facing these charges and need a domestic violence attorney in Lancaster County, PA can contact the Law Office of Melissa R. Montgomery for more info now.
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