If my partner or family member doesn’t want to continue pressing charges, does that mean the court will dismiss the case?

Even if a partner or family member who has accused you of domestic violence wants to drop the charges, that does not necessarily mean the prosecution will dismiss the case. The prosecutor and the court retain ultimate authority to dismiss domestic violence charges. Although a prosecutor may decide to drop a domestic violence case when the case relies heavily on the alleged victim’s testimony, if the state has other evidence to support its case, or if the prosecutor believes the alleged victim may have been pressured into declining to cooperate with the case, the prosecutor may decide not to drop the charges.

What are some common defenses to a domestic violence charge?

Depending on the underlying circumstances of your case, you may have potential defenses to a domestic violence charge. For example, you might raise a consent defense to a sex-based domestic violence charge or a claim of self-defense to an assault-based charge. Arguing lack of criminal intent is another common defense to domestic violence charges.

Pennsylvania Domestic Violence Lawyer | Domestic Violence Defense Attorney Kingston, PA

Domestic Violence Defense Attorney in Kingston, PA, Advocates for Clients to Protect Their Rights and Reputation in Luzerne County, Lackawanna County, Columbia County, and Throughout Northeastern Pennsylvania

Have you been arrested and charged with committing domestic violence? Law enforcement and prosecutors consider domestic violence a serious criminal offense and devote considerable resources to prosecuting those accused of domestic violence. You deserve skilled legal counsel who can level the playing field and stand up for your rights and interests. Turn to a Pennsylvania domestic violence lawyer from Muckler Law, LLC, for help.

Since 2009, founding attorney Matthew Muckler has represented clients facing domestic violence and other criminal charges throughout Northeastern Pennsylvania. With a background as a former Luzerne County assistant district attorney, Matthew Muckler understands how prosecutors prepare and pursue criminal cases. He uses his insights to develop legal solutions tailored to pursuing a favorable outcome for clients. Our firm strives to build a relationship of trust and transparency with you, keeping you in the loop to update you on your case and answer your questions as they arise.

If you’ve been accused of committing domestic violence in Pennsylvania, you need experienced representation to defend your rights and reputation. Contact Muckler Law, LLC, for a free case review to learn how a domestic violence defense attorney in Kingston, PA, will help you face and resolve your serious charges.

Pennsylvania Domestic Violence Laws

Pennsylvania law defines domestic violence or abuse as the commission of one or more enumerated acts between family/household members, sexual or intimate partners, or persons who share biological parenthood. Enumerated acts of domestic violence include:

Attempting to cause or intentionally/knowingly/recklessly causing bodily injury, serious bodily injury, rape, involuntary deviate sexual intercourse, sexual assault, statutory sexual assault, aggravated indecent assault, indecent assault, or incest
Putting a victim in reasonable fear of imminent severe injury
False imprisonment
Physically/sexually abusing minor children
Knowingly engaging in a course of conduct under circumstances that place the target of the conduct in reasonable fear of injury

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Penalties for a Domestic Violence Conviction

A person convicted of committing an enumerated act of domestic violence may face various penalties. First, a person may face penalties for a conviction for the underlying enumerated act. Sentences for a conviction on an enumerated act will depend on the grading of the offense. Maximum sentences under Pennsylvania law include:

First-degree felony: Up to 20 years imprisonment.
Second-degree felony: Up to 10 years imprisonment.
Third-degree felony: Up to seven years imprisonment.
First-degree misdemeanor: Up to five years incarceration.
Second-degree misdemeanor: Up to two years incarceration.
Third-degree misdemeanor: Up to one year of incarceration.

Committing domestic violence may also enable the victim to seek a protection-from-abuse order from the court. A PFA order imposes various restrictions on a defendant designed to prevent further acts of domestic abuse. Restrictions frequently include requirements to keep a minimum distance away from the victim, refrain from contacting the victim or their family, refrain from visiting the victim’s place of work, and surrender firearms or other deadly weapons.

If a person commits domestic violence while subject to a protection order entered in favor of the victim, they may face additional penalties for contempt of a protection from abuse order. These penalties include a fine of $300 to $1,000 and either imprisonment or supervised probation of up to six months.

Let a Pennsylvania Domestic Violence Lawyer from Muckler Law, LLC, Help You Protect Your Freedom and Future

Accusations of domestic violence can have serious effects on your reputation and future. A domestic violence conviction can lead to restrictions from a PFA order, an incarceration term, and fines. You deserve an experienced domestic violence defense attorney in Kingston, PA, who will leave no stone unturned in advocating for an acquittal or the best possible outcome to your charges. When you’ve been arrested and charged with domestic violence, turn to Muckler Law, LLC, for legal help with:

Investigating your case to secure evidence that may be helpful to build a defense
Understanding your charges and the potential outcomes of your case
Evaluating your options for addressing your charges, including the likelihood of success at trial or alternatives to prosecution
Protecting your legal rights, including with motions to exclude evidence or statements unlawfully obtained by the police
Contesting the strength of the state’s case by moving to reduce or dismiss your charges
Defending yourself in a contempt hearing if you have been charged with violating an existing PFA order
Presenting a compelling defense in court if you decide to fight your charges at trial

Contact Us for a Confidential Case Evaluation to Discuss Your Legal Options with a Domestic Violence Defense Attorney in Kingston, PA

Don’t let domestic violence charges have long-term adverse consequences on your life. Turn to an experienced Pennsylvania domestic violence lawyer to help you fight for your freedom and future. Contact Muckler Law, LLC, today for a free, confidential consultation to see how our firm will advocate for your rights and reputation when you are facing domestic violence charges.

Pennsylvania Domestic Violence Lawyer