In DC, domestic violence is not a specific charge but rather a category that includes various criminal charges, depending on the relationship between the accused and the victim. For instance, if someone assaults a roommate, spouse, ex-spouse, romantic partner, or an ex-spouse’s new partner, this assault is classified as domestic violence due to the nature of their relationship.
In such cases, the individual would be charged with assault, with domestic violence indicating the context of the assault rather than being an additional charge. Getting convicted of domestic violence can result in harsh penalties, significantly impacting a person’s life. Therefore, it’s crucial to build a strong defense with the representation of an expert, experienced DC criminal lawyer to protect your rights and freedom.
Classification of Domestic Violence
In DC, domestic violence and assault are not charged as separate crimes. Instead, the relationship between the people involved determines whether an assault is also considered domestic violence.
If a person is charged with assault, it can be classified as domestic violence if the individuals involved are related by blood, marriage, or adoption or if they were once romantically or sexually involved. Even when an assault qualifies as a domestic violence case, it remains a single crime.
The prosecution cannot charge a person with both domestic violence and assault separately. Understanding this difference is important because it affects how to prosecute cases and the potential penalties involved. An expert DC criminal defense lawyer can help you handle these matters and provide a strong defense.
Domestic Violence vs Assault Cases
Domestic violence cases are handled differently from other assault cases in DC, especially when the people involved have a domestic relationship. In DC, a particular domestic violence unit/division of prosecutors from the United States Attorney’s office at the courthouse handles all misdemeanor cases where the individuals are related by blood, marriage, have a child together, live together, have been romantically involved, or share a partner. These relationships are known as inter-family relationships.
Domestic violence cases are often taken more seriously than non-domestic assault cases. For example, even if two people are charged with simple assault, the person accused of assaulting a family member, spouse, romantic partner, or roommate may face harsher treatment from the prosecution compared to someone who assaulted an acquaintance, friend, or stranger.
Penalties
The legal penalties for an offense are the same whether the case is classified as domestic violence or not. For instance, if someone is convicted of threatening to harm someone in DC, the maximum penalties are six months in jail, a $1,000 fine, or both. However, plea deals from the prosecution might vary depending on whether the case is domestic violence or not, even if the charge is identical.
For example, the prosecution might offer a plea deal involving probation for a simple assault charge in both domestic and non-domestic violence cases. In a domestic violence case, probation could include completing a domestic violence intervention program. In contrast, a non-domestic violence case might involve anger management classes and other programs as part of the probation terms.
Defense Strategies
At Ervin Kibria Law, our elite, expert defense attorneys will aggressively defend your case whether you face domestic violence charges or charges unrelated to interfamily relationships. No matter the nature of the charge, A skilled lawyer will represent and defend you throughout the legal process, offer expert advice, and help ease the emotional stress of criminal charges. We are dedicated to giving you elite representation and support throughout your case. Contact us at (202) 689-4439 for a consultation.