Domestic Violence Lawyers in New Castle

If you’ve been accused of domestic violence, Criminal Lawyer Sean Logue is here to defend you.

Domestic violence charges are incredibly stressful and almost always create feelings of anger among family members or friends. Sean understands the immense pressure you are under. He will do his best to lessen that anger and anxiety by providing strong representation for you in court. A skilled lawyer can often provide the perspective needed during such a trying time.

Crimes of Domestic Violence

When police are dispatched to a domestic violence call, it’s very common for at least one person to be arrested. The accused individual will often be arrested and required to face court hearings and other stressful proceedings, regardless of the evidence—or lack thereof—and even if the alleged victim does not wish to press charges.

Today, those accused of domestic violence face significantly harsher penalties than in the past. This shift is driven by a strong desire to protect victims, but it also results in long-term, life-altering consequences for the person accused. Working with a dedicated New Castle criminal lawyer is crucial to navigating this complex legal landscape.

The term “domestic violence” covers a wide range of actions and behaviors involving people who live together or are otherwise considered family. This definition includes physical attacks, verbal assaults, and sexual abuse. In some cases, an alleged offender may be arrested for a single, isolated incident. In other instances, the accused may have a history of such behaviors.

Domestic Violence Defined

In Ohio, three specific actions can lead to an arrest and a domestic violence charge. A knowledgeable New Castle DUI lawyer will explain these clearly.

• If you recklessly cause physical harm to a member of your family or household.
• If you knowingly attempt to cause, or actually do cause, harm to a household or family member.
• If you use the threat of force to make a family or household member believe you are going to cause them physical harm.

It is important to remember that you can be arrested for domestic violence even if you never physically touched the alleged victim. The legal system takes all threats seriously, and a New Castle DUI lawyer understands the nuances of such cases.

Types of Domestic Violence

There are several categories of domestic violence charges. Some of the most frequent include:

• Child abuse or neglect
• Domestic assault/battery
• Rape
• Sexual battery
• Menacing by stalking
• Violating a protection order

Hiring an experienced New Castle criminal lawyer is your first line of defense.

Domestic Violence Defenses

If you’ve been charged with domestic violence, you cannot assume that simply telling your side of the story will lead to the charges being dropped. The alleged perpetrator’s version of events often differs from the alleged victim’s account.

A New Castle criminal lawyer with extensive knowledge and experience will have several potential defenses available and may be able to persuade the court to reduce or dismiss the charges against their client. Below are some of the most common defenses used in domestic violence cases, though this list is not exhaustive.

False Allegations

It is not uncommon for a soon-to-be ex-spouse or partner to falsely accuse the alleged offender as a form of punishment or to gain an advantage in a civil case, such as divorce, child support, or child custody disputes.

Self-Defense

Individuals have the right to defend themselves, even in domestic violence situations. Courts are more inclined to dismiss cases where the alleged violence was a response to the actions of the alleged victim. A competent New Castle DUI lawyer can help build this defense.

Lack of Evidence

If there is no proof that domestic violence occurred, such as visible injuries or other corroborating evidence, the prosecutor will have a difficult time convicting the accused.

Accidental Injury

This defense applies when an alleged victim is injured due to their own negligence or by other causes unrelated to the alleged offender.

Defense of Others

This defense is used when the accused did injure another family member, but the action was taken to protect someone else from harm.

Penalties for Domestic Violence

Several factors come into play when a judge determines the sentence for a domestic violence conviction. These factors include the severity of the injuries, the type of victim, the offender’s criminal history, and the specific underlying charge.

Domestic violence convictions can range from minor misdemeanors to first-degree felonies. All convictions involve fines, starting at $150 and potentially reaching as high as $20,000. All but minor misdemeanors also include jail time, which can range from 30 days to as long as 11 years.

Sean Logue is the criminal defense lawyer you need on your side when facing a domestic violence accusation. Call us at (330) 992-3036 for free consultation.