Domestic Violence

Depending on the classification of your charge, the jail time and fines associated with the offense will vary. If it is a defendant’s first domestic violence offense, it will most likely be categorized as a class B misdemeanor and will be resolved in a municipal court, with the defendant facing up to six months of jail time with an incarceration period no less than 48 hours. The defendant could also be fined between $200 and $500 and may be subjected to a domestic violence offender assessment.

If a defendant has multiple instances of alleged domestic violence in the past (three offenses in five years), or if the alleged victim’s injuries are more severe, the defendant will likely face felony charges and be sentenced to no less than 90 days and no more than one year’s imprisonment, and they will be fined between $1,000 and $7,500. The defendant will also be required to complete a domestic violence offender assessment conducted by a certified batterer intervention program and follow all program recommendations.

While most domestic violence charges result in misdemeanors, there are still long-term collateral consequences associated with a domestic violence tag. These consequences not only pose the threat of possible jail time and associated fines, but they can also affect an individual’s ability to gain employment, own a firearm, and impact immigration status.

When charged with allegations of domestic violence, the best possible outcome a defendant can hope for is the dismissal of their case by the prosecuting attorney that filed the original charges. A dismissal is “a decision of a court, which has exercised its discretion prior to trial or before a verdict is reached, that terminates the proceedings against the defendant” and is considered the most efficient way to resolve a case as the prosecution avoids having to prepare for trial. Most times, a domestic violence case will be dismissed if there is a lack of evidence, an accuser becomes uncooperative with the prosecution, the accuser has a history of false allegations, the allegation was mistakenly reported, or the accuser invokes their fifth amendment right against self-incrimination.

If the case is not initially dismissed, a defendant may be able to negotiate a plea bargain with the prosecuting attorney to receive a lesser charge in exchange for a guilty plea. While plea bargains are designed to serve both the prosecuting attorney’s and the defendant’s interests by avoiding trial and lessening the charges, it is essential to contact a domestic violence attorney to help you understand the specific terms of your agreement and determine which route is best for you and your future.

Traditionally, when a case is brought before a judge, the judge will either agree to hear the case or move to dismiss the case from the court’s schedule. The classification of this dismissal is an essential factor affecting whether the prosecution may be allowed to reopen a domestic violence case at a later date. Most commonly, a judge will either dismiss a case “with prejudice,” meaning that the prosecution’s case is legally damaged and the prosecution loses the right to continue seeking relief or bring the case back to court, or they will deem it “without prejudice,” meaning that the case is dismissed without damaging the prosecution’s right to have their matter heard in court at a later date. When a case is dismissed without prejudice, a common occurrence when an alleged victim refuses to appear in court, it allows the prosecution to bring another suit based on the same ground, ultimately allowing them to refile the case throughout the term of the statute of limitations.

The statute of limitations for a domestic violence case is generally five years after the alleged crime was committed, although there are a few exceptions that may affect this time period. If a domestic violence case was initially dismissed without prejudice and is still within the statute of limitations, the prosecution has the right to contact the prosecutor’s office and campaign for the case to be refiled. However, it remains relatively uncommon without the prompt of an additional domestic violence occurrence or arrest.

When making accusations of domestic violence against a partner, many individuals believe that if they revoke their statement and decide not to move forward with a case that the charges will immediately be dropped. While the prosecution may choose not to move forward with the case, there is no guarantee that the charges will be dropped if the alleged victim changes their mind, and, oftentimes, the government will proceed irrespectively. Many individuals fail to realize that the government represents the state of Kansas, or the city of Wichita, or whatever entity they are representing and may choose to move forward with the case because they believe the accused is a danger to society. This is why it’s essential to think carefully before making accusations of domestic violence and seek an experienced domestic violence attorney if you have been falsely accused.

Domestic violence accusations can carry serious collateral consequences that may affect you for the rest of your life, which is why it is important to contact an experienced domestic violence attorney as soon as the initial accusation has been made. Having a skilled attorney by your side can not only provide much-needed support during this difficult time, but our team at the McConnell Law Firm will help you navigate the defense process, with the ultimate goal of gaining complete exoneration against any accusations.