Manchester Domestic Violence Defense Attorneys
Unwavering representation for those accused of causing harm
Once police respond to a domestic violence call, it is typically too late to escape the legal system. With an uptick in domestic violence ending in death, Connecticut has taken a much more hands-on approach to protecting domestic violence victims. Police are no longer permitted to give the benefit of the doubt, and at a minimum you will likely be forced to leave your home temporarily, with a police report to show for it. Even worse, you could be arrested, putting your employment, schooling, and personal relationships on the line.
Once you have been arrested, another given is that you will need a strong criminal defense attorney to represent you in fighting the charges. The law firm of Barry, Barrall & Spinella, LLC will listen to you and provide you with your best legal options based on the allegations at hand to minimize the fines, jail time, and probation you could face. Contact our Manchester defense attorneys if you are facing charges of domestic violence.
Who can be arrested for domestic violence in Connecticut?
Regardless of familial status, Connecticut takes a tough approach to domestic violence and extends the definition of who can be charged, and what behavior rises to the level of being a crime. Physical assault, stalking or threatening no matter the relationship is illegal. Individuals who constitute family or household members under state law include:
- Spouse or former spouse
- Parents or their children
- Relations by blood or marriage
- Anyone regardless of relationship or familial status, who presently reside together or have resided together
- Parents of the same child regardless of marital or cohabitation status
- Any individuals who are currently or have previously engaged in a romantic relationship
Relationships can become strained for any number of reasons and it doesn’t necessarily stem from romantic relationships gone bad. Abusive situations can form anytime strong personalities clash, or one individual attempts to gain power or control over another. The person in control may be manipulating a relationship and is not always the person who winds up engaging in the physical abuse. No matter the reason, if you have been charged with domestic violence, protect your rights and seek legal assistance immediately.
What can I be charged with if I engage in domestic violence?
An incident of domestic violence can begin in so many ways. Some people are simply not a good fit, mutually, while other situations involve one party being a constant aggressor. Buttons get intentionally pushed, tempers easily flare, fear is used to paralyze one of the parties until he or she has finally had enough, and people get hurt. Domestic violence crimes are almost a given to occur when either party cannot find the strength or safety to leave a toxic relationship. If you have been arrested for domestic violence, you are likely to be charged with one of the following felonies:
- Assault of a pregnant woman resulting in termination of pregnancy. Committing assault in the first degree when the victim is pregnant, and the assault results in loss of the pregnancy so that no live birth results.
- Sexual assault 1st degree. Compelling someone to have sexual intercourse by force, or threat of force which reasonably causes the person to fear physical injury.
- Aggravated sexual assault 1st degree. While committing sexual assault in the first degree, a person uses or threatens to use a weapon to seriously and permanently harm a person, and with extreme indifference to human life recklessly creates a risk of death to the victim, causing serious physical injury to such victim.
- Assault 1st degree. Intending to cause injury to someone by use of a deadly weapon, such as a gun, or a dangerous instrument; or with extreme indifference to human life, recklessly creating a risk of death to another person, and causing them serious physical ppersonal injury.
- Sexual assault in a spousal or cohabiting relationship. Forcing a spouse or cohabiter to engage in sexual intercourse, including through threat of force that reasonably causes a fear of physical injury.
- Strangulation. An individual restrains you by the neck or throat with hands or an instrument preventing your ability to breathe.
A prison sentence is the standard punishment imposed for all of these domestic violence felonies. Your future is very well in jeopardy due to a momentary lapse in judgment. All of the plans you have made for yourself may be on hold as you give up anywhere between one year and your remaining quality years ahead if you do not secure the highly trained representation that you need to protect your rights.
The Family Violence Education Program may help you avoid trial
Family Violence Educational Program is a pre-trial program geared toward first time offenders but applicants must meet the participation requirements under sections 46b-38c (h) and (i) of the Connecticut General Statutes to qualify. The purpose of the program is to provide education to the offender in the hopes that it will prevent another domestic violence incident in lieu of putting the parties through a trial.
Acceptance into this course can involve the court hearing from the victim in addition to your application demonstrating that you otherwise meet the qualifications. After successful completion of the course, which requires you to attend nine, 90 minute sessions of a psycho-educational class focused on reducing future family violence, and any other conditions set by the court, your charges will be dismissed.
The moment you are accused of domestic violence, you can feel the stares on you as some of your friends and family back away believing that you’re a monster. Without knowing the entire story, they may believe that you are getting what you deserve at first blush. Anyone who has ever been involved in a domestic violence incident knows that there are always two sides to every story, and our attorneys want to hear yours.
If you have been charged with domestic violence, you need a Manchester domestic violence defense attorney who believes in you and will do everything possible to defend your side and work to get your charges reduced, dropped, or negotiate the best plea agreement you can hope to receive based on the facts and evidence. To speak with a seasoned attorney at Barry, Barrall & Spinella, LLC about your criminal charges, call our office at 860-649-4400 or reach out to us through our contact form today to schedule your consultation. We’re located right off I-84 or I-384 in Manchester.