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Domestic violence tends to fall into two categories, simple and those involving bodily injury. Once the police have been called to a domestic violence dispute, it is no longer in the hands of the victim whether he or she wants to press charges. If the prosecutor determines the facts warrant charges of domestic violence, it is up to the prosecutor whether to file charges regardless of whether the victim wants charges filed or not. If you are facing these charges, contacting a specialist at Cole MacGregor & Collins, LLP might be your most important step, even if it is only for the free consultation.
Misdemeanor Domestic Violence
The first category is merely a simple battery against a spouse, cohabitant or fellow parent. This crime is committed when a person willfully and unlawfully touched the victim in a harmful or offensive manner and the victim is the person's spouse, former spouse, cohabitant, former cohabitant, fiancé, someone with whom the person currently has or previously had a dating or engagement relationship, or the mother or the father of the person's child and the person did not act in self-defense or in defense of someone else.
The slightest touching can be enough to commit a battery if it is done in a rude or angry way. The touching does not have to cause pain or injury of any kind. The touching can be done indirectly by causing an object or someone else to touch the victim.
This crime is a misdemeanor. If you have been involved, or think you have been involved with this type of domestic violence, getting in contact with an attorney prior to going to the police might be your best option. Call MacGregor & Collins, LLP at (949)-250-6097 to set up a free consultation with an attorney who can give you clear and concise information about what your rights are and the options available to you.
Felony Domestic Violence
An act falls into the second category of domestic violence is when injury is inflicted on a spouse, cohabitant or fellow parent resulting in a traumatic condition. This crime is committed when a person willfully and unlawfully inflicts a physical injury on his or her spouse, former spouse, cohabitant, former cohabitant, or the mother or father of the person's child and the injury inflicted results in a traumatic condition and the person did not act in self-defense or in the defense of another individual.
A traumatic condition is a wound or other bodily injury, whether minor or serious, caused by the direct application of physical force.
This crime can be a felony or a misdemeanor. If you have been involved, or think you have been involved with this type of domestic violence, getting in contact with an attorney prior to going to the police might be your best option. Call MacGregor & Collins, LLP at (949)-250-6097 today to set up a free consultation with an attorney who can give you clear and concise information about the options available to you.
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