Domestic violence is an allegation on a type of a charge. For example, disorderly conduct is one type, which is a misdemeanor. There is also assault, which can be a misdemeanor or a felony, depending on the severity of the case. There are also misdemeanor domestic violence cases and felony domestic violence cases. So, there is a wide range of how serious a case can be. Obviously, if there is physical violence involved, it’s can become very serious. It may even be turned into a felony.
A vast majority of the domestic violence cases are misdemeanors. I typical consequence of these charges is a requirement to attend domestic violence counseling or anger management counseling. The goal in first time offenders cases is to get a diversion result so that it does not go on a person’s long term record. A domestic violence conviction can have very severe consequences for a person in the future. So, as an attorney I will always attempt to get diversion on first time domestic violence cases and with cases that the State can prove. If the State has a good case and we decide diversion is a good result in the situation, we recommend to our clients to always take a diversion plea offer, if available. However, if the State cannot prove a case, then our office is going to fight that case very aggressively all the way to the end.