Representation from Your Little Rock Criminal Domestic Violence Lawyer
Criminal domestic violence (CDV) is illegal in Arkansas and it includes acts of violence or threats that take place between members of a shared household. These acts can range from rape and murder to more minor offenses such as slapping and pushing. If you are charged with CDV, contact an experienced criminal domestic violence lawyer at Denton & Zachary to discuss your case.
When the police arrive because of CDV, they will traditionally investigate the situation in order to determine which acts of domestic violence have been committed. Arkansas uses CDV as a catch-all for crimes that are committed by a family or household members such as a spouse, ex-partner, or even a child and their parent. CDV does not include anyone who you are just friends with and see on an occasional basis. It is only considered domestic violence if the act happens to a family member or ex-romantic partner.
If a violent or threatening act takes place between these individuals, then the alleged aggressor may face a CDV charge in addition to stiff penalties. As a result, they may have to spend a long time behind bars and run the risk of losing custody of their children. For this reason, it is important for those accused of criminal domestic violence in Little Rock, Arkansas to speak with an experience criminal domestic violence lawyer that can help them reduce or eliminate their charges if falsely accused.
When accused of criminal domestic violence, you need an Arkansas CDV lawyer to defend your case. These charges can affect your life moving forward, which is why you need a CDV defense lawyer in your corner to help protect your best interests.
Allow Your Arkansas CDV Lawyer to Help
When arrested for criminal domestic violence, it can be detrimental to you and your family members. Police arrive, and in most cases, the male figure is automatically removed from the home. Even if you are not guilty of the crime, it can be embarrassing and life-changing to have your children or neighbors witness this scene. It is especially devastating for a child to see their loved one taken away in handcuffs.
Though all of this may weigh heavily on your mind, it is important that you focus on clearing your name or reducing your charges. While you cannot change what happened in the past, an experienced Arkansas CDV lawyer can help you secure your future by fighting the criminal domestic violence charges against you.
While the police are there to do their job, they can often make mistakes about who is the aggressor in the relationship and instigated the situation. This does not mean that CDV never occurs, it just means that it is difficult to get all the facts right in an emotionally charged environment. The authorities often make judgment calls on who to arrest, leaving you with a criminal charge for a crime you did not commit.
A CDV lawyer can help fight these claims against you and work to clear your name. They can prove your innocence in a CDV case and explain the details of the alleged violent act that caused your arrest. Allow a criminal domestic violence lawyer to work for you and get you the justice you deserve when criminal domestic violence accusations are made against you.
Arkansas Criminal Domestic Violence Penalties
The penalties for Arkansas criminal domestic violence vary according to the act of violence that occurred in your case and the details surrounding the arrest. The penalties in Arkansas for criminal domestic violence include:
Little Rock First-Degree Domestic Battery
Being charged with a first-degree domestic battery means that the accused caused a permanent disability or disfigurement by using a weapon and this disability has reduced the value of the victim’s life. This can also include injury to a family member that is under the age of 13 or over the age of 60. When charged with this crime, you will incur a Class B felony on your record. You could receive up to 20 years in prison for the criminal domestic violence offense. It moves to a Class A felony if you have a previous conviction within the last five years or if the victim was pregnant. This could result in up to 30 years in prison.
Little Rock Second-Degree Domestic Battery
A Little Rock second-degree domestic battery charge includes physical injury with intent to do so during the act. It can also be classified as a reckless act with a deadly weapon. This criminal domestic violence charge could also be given if the one who is injured is a family member that is 60 years or older or a child that is 12 years old and younger. This is a Class C felony that can lead to up to 10 years in prison. If you have had a prior criminal domestic violence conviction in the last five years or if the victim was pregnant, then the charges change to a Class B felony.
Little Rock Third-Degree Domestic Battery
For a third-degree domestic battery charge, mental or physical impairment or injury is caused by negligence. This is a Class A misdemeanor that faces a sentence of up to one year. If the victim is pregnant or if a previous criminal domestic violence charge is on your record within the last five years, it is a Class D felony. The penalty for this charge is up to six years in prison. With two criminal domestic violence convictions on your record within 10 years, it is also considered a Class D felony.
Little Rock Aggravated Assault
When someone puts a family member or ex-partner in danger of death or serious physical injury, it is also considered a punishable offense under the law in Arkansas. A Little Rock CDV lawyer can help you understand the penalties for aggravated assault and help you fight against these criminal domestic violence charges.
Little Rock CDV Defense Tactics
Arkansas carries stiff penalties for criminal domestic violence and a Little Rock CDV lawyer can help you understand your rights when it comes to the law. They can advise you on the penalties you face and help you get the minimum sentence for your CDV charges.
There are some instances where a criminal domestic violence case will be dismissed before it heads to court. The victim in the situation may refuse to testify which can diminish the prosecutor’s case. Your Arkansas CDV lawyer has a right to question the victim and without their testimony this right is taken away, causing your case, and all charges against you, to be dismissed.
It is important to keep in mind that even if your family member that accused of the CDV fails to testify, the prosecutor can move forward with the case if they have sufficient evidence to present to the court. This could include your past criminal history which is used against your character in the court to prove repeat behavior. Your criminal domestic violence lawyer will fight to have this information concealed so that you have a fair trial for your criminal domestic violence charges.
Fighting Protective Orders in Arkansas
When your family member has a protective order put in place, it removes you from your home and takes you away from your children. You are ordered to have no contact with the family member and are required to pay support for your children even if you cannot see them.
These protective orders are put in place for as short as 90 days and as long as 10 years, making it impossible for you to return to the place that you call home for a long duration. It can tear your family apart as you are not allowed to live with your children and the family members that you love.
Your family member may have requested that the court put an emergency protective order in place immediately after the CDV incident occurred. This prevents you from going to your home or your family member’s place of employment.
If you were to violate these orders, you are guilty of a Class A misdemeanor. This could result in up to one year in jail. If you have a previous criminal domestic violence conviction on your record and violate a protective order, charges include a Class D felony and also additional prison time.
There are ways to fight a protective order even after they are in place. If your family member invites you to the home, place of employment or another area that they frequent, you have a right to have the order lifted. Or, you may have reconciled with your family member, and there is no need for the protective order any longer. In both instances, you can work with a criminal domestic violence lawyer to have the protective order lifted in your CDV case.
A CDV lawyer can help you eliminate a protective order and allow you to return home where you belong with your family. They will fight to prevent a protective order from being put in place to begin with and help you to stay in your home and with your family.
Protect Your Rights by Having an Arkansas CDV Lawyer Fight Your Case
If convicted of a criminal domestic violence charge, not only do you face the possibility of a lengthy prison sentence, but you also could lose your rights to own a gun. The law in Arkansas prevents anyone charged with a CDV crime from buying and owning a gun. This would take away one of your freedoms as an American and is one more reason that you need a Little Rock CDV lawyer on your side.
Your criminal domestic violence lawyer will fight the claims against you. They will work to get you lower prison sentences, and they will help you clear your name in a criminal domestic violence case where you were not the aggressor.
Do not count on the court system to deliver a fair sentence. Allow a CDV lawyer to fight your case and get you the justice you deserve. You can count on your criminal domestic violence lawyer to defend your rights and investigate the claims against you. They can get witnesses to testify on your behalf and often times get evidence thrown out of court that could hurt your chances for a fair trial.
You need a Little Rock CDV lawyer that you know will be there to support you during this difficult time. You need to be back with your family as soon as possible, and an Arkansas CDV lawyer can help facilitate this process and help you get the justice you are looking for to clear your name of charges unfairly filed against you. Choose a CDV defense lawyer to help you with your CDV case. You’ll appreciate the guidance you receive and the legal advice given to you by an experienced criminal domestic violence lawyer.
Your Arkansas CDV lawyer is there to provide legal counsel to you for a criminal domestic violence charge that you unfairly received because a family member overreacted during the heat of the moment. Do not let a CDV charge ruin your life with a felony on your record; get the help you need by contacting a Little Rock CDV lawyer immediately after a criminal domestic violence arrest. They will determine how to handle you CDV case and work with you on the steps needed to drop the charges tied to your name.
A Little Rock CDV lawyer will help you determine the course of action to take in your criminal domestic violence case and help you through the legal court process. You are not alone after a criminal domestic violence arrest. An Arkansas CDV lawyer is ready to help you with your case and clear your name with their representation of you in court. A Little Rock criminal domestic violence lawyer is by your side and there for you when you need them the most.
Consult with a CDV Lawyer in Little Rock, Arkansas
When arrested for criminal domestic violence, you need a CDV defense lawyer that can help you with your case. The Little Rock CDV lawyers at Denton & Zachary will fight for your right to justice and help you prove your innocence. Contact us today to set up a consultation with a criminal domestic violence lawyer.