Domestic Violence Attorney
Domestic Violence Lawyer Richard B. Huttner has handled over 1,000 domestic violence cases. Domestic violence cases include charges of assault, battery, harassment, menacing, kidnapping, burglary and crimes of violence. While the victim may want to recant or deny the allegation, once the State files the case, you must be prepared to fight the charge. There are often valid defenses such as denial, self defense or defense of property.
Once the police are called many issues come into play for the accused. Often times a restraining order prevents the defendant from going back home. Sometimes, pretrial services become involved. Some jurisdictions place a global positioning device on defendants so they can monitor the defendant’s location.
Criminal Defense lawyer Richard B. Huttner aggressively defends domestic violence cases. Having won 95% of the domestic violence cases he takes to trial.
What happens if you are convicted, plead guilty, plea bargain, or accept a deferred sentence on a DV charge?
The following information is from the equal justice foundation www.dvmen.org and provides some answers to that question:
- A conviction usually means the loss of your job. A plea bargain is a conviction! If you accept a plea bargain you surrender all rights to an appeal. Under DoD Directive 5220.6 a DV conviction will deny you a security clearance. You will also lose your professional license(s) and any financial bond. Thus, doctors, teachers, and others who require professional licenses or financial bonds cannot continue to practice their trade or profession.
- The loss of your Second Amendment rights is for life. A conviction will mean the certain loss of your job if you work in a profession, e.g., police, fire, military, construction, trucking, mining, etc. that requires use of firearms, explosives, or other dangerous agents. It is a violation of Federal law, 18 USC § 922(g)(8 and 9), to purchase, acquire, or be in possession of firearms, ammunition, or other dangerous weapons, with a mandatory minimum of 5 years in prison if convicted.
- You cannot serve in the military and you may lose any military pension you have. If you are currently in the military you will be involuntarily discharged or not allowed to reenlist. The Uniformed Services Former Spouses Protection Act (PL 97-252, 1982) “allows” state divorce courts to “divide” as marital property any “pension” earned during the concomitant marriage/service period, regardless of fault, need, or independent wealth. It also penalizes military men for domestic violence inflicted on civilian spouse/dependents by revoking his/her retirement benefits and providing them to his/her victims.
- On a first offense for misdemeanor assault the typical sentence is two years probation; second offense time in the county jail plus probation; third DV offense is often times means substantial jail. Felony assaults have longer sentences and usually result in at least 90 90 days jail if granted probation in jail with the possibility of mandatory prison.
- Commonly there will be a fine as well as court costs.
- You may be required to take, and pay for DV treatment. Psychiatric care, anger management, substance abuse treatment, etc., may be imposed as well. The mandated DV and other court-ordered counseling will cost you $1,000-$5,000 or more on top of other fines and fees, and require several hours every week for at least six months. Attendance is mandatory.
- The mandatory restraining order remains in effect until your sentence is completed. If you violate the restraining order you will almost certainly go to jail for 3 to 6 months. Your conviction shows on www.COcourts.com. As employers check that, getting a new job will be difficult.
- Most marriages end in divorce in these cases. Custody of any children may pass to the mother if you are convicted and she will be awarded child support and possibly maintenance (alimony). Because of these advantages many women use DV charges to gain custody, hide adultery, or prevent men from getting DNA paternity tests from her children. Fathers are commonly only able to see the children during supervised visitation periods for at least one to two years after a DV conviction and will pay from $40 to $60 per hour of supervised visitation. Even without children she will likely get the house, the car, bank accounts, and anything else she wants.
- You may never be eligible for welfare or public housing.
- Renting or buying a house will be difficult or impossible under current law.
- You will be unable to obtain a student loan and may lose military benefits.
- You probably cannot ever hold a public office or get a government job.
- You cannot get a hunting license.
- Your voting rights may be lost during any period of incarceration.
- If you are not a United States citizen you will be deported and cannot reenter the country. The law requiring deportation also applies to a wide range of crimes ranging from manslaughter to misdemeanor drunken driving, as well as domestic violence.
The state takes domestic violence cases very serious. You should consult an experienced criminal defense attorney to discuss your rights and what you can do to defend yourself against domestic violence chargers.
Criminal Defense Lawyer Richard B. Huttner handles domestic violence cases protecting the rights you are afforded and making the government prove the case beyond a reasonable doubt throughout Denver County, Arapahoe County, Jefferson County, Adams County, Boulder County, Broomfield county and Douglas County.