Domestic violence occurs between family members, household members, intimate partners, and siblings with the same biological parents. You do not have to be married to be charged with a domestic violence-related offense in Pennsylvania, of which there are several.
Aggravated assault, strangulation, rape, sexual assault, stalking, and unlawful restraint are among the most common charges that arise from domestic violence situations. These offenses are typically charged as third-, second-, and even first-degree felonies, depending on the context. While facing domestic violence-related charges can be extremely daunting, our lawyers may employ one of several effective defenses to help clear your name.
Call Kenny, Burns & McGill’s domestic violence defense lawyers at (215) 774-5644 for your free case review.
What Are the Most Serious Domestic Violence Charges in Montgomery County?
Domestic violence is not its own charge or offense in Pennsylvania. Instead, certain violent or sexual offenses committed against intimate partners, family members, and household members is charged based on the underlying offense, such as aggravated assault.
Aggravated Assault
Aggravated assault is one of the most common charges that arises from domestic violence situations. For aggravated assault, defendants can face second- or first-degree felony charges.
Recklessly causing or attempting to cause serious bodily injury with a deadly weapon is a second-degree felony, while intentionally causing serious bodily injury while using a deadly weapon or showing an extreme indifference to life is a first-degree felony in Montgomery County.
When charged as a first-degree felony, aggravated assault in domestic violence cases can carry up to 20 years in prison, even on the first conviction.
Strangulation
Strangulation is another common charge in domestic violence situations. When committed against a family or household member, strangulation may be charged as a second-degree felony.
Strangulation can also be a first-degree felony if it occurs when there is an active protection order against the defendant, the defendant has been previously convicted of other specific offenses, or the defendant used an instrument of crime during the commission of it, such as a cord or rope.
Rape
Rape is charged as a first-degree criminal offense in Pennsylvania, whether it is related to a domestic abuse situation or not. Defendants convicted of rape can be sentenced to an additional 10 years on top of the 20-year maximum for first-degree crimes and made to pay up to $100,000 in restitution if the defendant drugged the victim without their knowledge.
Sexual Assault
Sexual assault is another relatively common domestic violence-related offense. Statutory sexual assault of a person under the age of 16 who is not married to the defendant is charged as a second-degree felony. In contrast, statutory sexual assault of a person under the age of 16 by someone who is 11 years older than the complainant and not their spouse is charged as a first-degree felony in Pennsylvania.
Stalking
Stalking is a serious offense between intimate partners and occurs most often after breakups or challenging periods in relationships. Stalking is normally charged as a first-degree misdemeanor, but can be charged as a third-degree felony if the defendant has previously been convicted of a crime of violence against the same victim or a family or household member, which would make it a domestic violence-related third-degree felony charge.
Unlawful Restraint
Unlawful restraint is a criminal offense that involves restraining another person in a way that puts them at risk of serious bodily injury. It is a fairly common domestic violence-related offense in Pennsylvania, and is charged as a first-degree misdemeanor for adult victims, second-degree felony for child victims.
Unlawful restraint may be a more common domestic violence-related crime than kidnapping, but kidnapping also occurs in these contexts and is charged as a first-degree felony.
How Can You Defend Domestic Violence Charges in Montgomery County?
There are several ways we may approach domestic violence-related charges in Montgomery County. The exact defense and methods we use will depend on the specific facts of your case, such as the validity of the complainant’s accusation or your need to defend yourself from domestic violence.
Lack of Proof
Our attorneys can argue that there is simply not enough proof to find the defendant guilty of domestic violence-related charges beyond a reasonable doubt. Complainant accusations that are not backed up by witness testimony, medical records, photographs, and other evidence may not prevail against criminal defendants in court.
False Accusations
You may be able to defend yourself against domestic violence charges by arguing that the alleged victim has made patently false accusations. Text messages, emails, and other correspondence may reveal the truth about the situation, helping you avoid a conviction for a crime you did not commit.
You Had Consent
In strangulation, rape, and sexual assault cases, arguing that you had the alleged victim’s consent during the interaction is an example of an affirmative defense. When presenting an affirmative defense, our lawyers assume a burden of proof, which is not the case when presenting a negative defense in a domestic violence trial. Affirmative defenses can be harder to win, but may also be the most appropriate type of defense to launch in your particular situation.
Self-Defense
When police officers show up to domestic violence situations, stereotypes and preconceived notions might lead them to arrest the wrong individual. In Pennsylvania, officers can make domestic violence arrests if they have probable cause to believe a domestic violence-related offense occurred. This often leads to fast and rushed arrests that might leave the wrong person in police custody.
No matter your size or gender, you have the right to defend yourself against aggressive behavior from an intimate partner, household member, or family member. Tell our lawyers if you were acting in self-defense and only responding to violent behavior when you were arrested for domestic violence in Pennsylvania.
Get Our Help with Domestic Violence Charges in Montgomery County
Call our domestic violence defense lawyers at (215) 774-5644 for your free case review from Kenny, Burns & McGill.
