An Assault-Family Violence charge is when a person is accused of assaulting a family member (defined as a member of his household or a person with whom he is having or has had a romantic relationship). The first offense is a Class A misdemeanor with a range of punishment of up to a year in county jail and up to $4,000 fine. The second offense is a 3rd degree felony punishable by up to 10 years in the pen and up to a $10,000 fine. It's also a 3rd degree felony if a person is accused of choking a family member.
Another consequence of an Assault-Family Violence is that a person can never possess a firearm for the rest of his life. For those who enjoy hunting, this can be an especially difficult consequence to handle.
In addition, a person accused of this charge must also deal with the Emergency Protective Order (EPO). The EPO is issued by a magistrate. The order, among other things, keeps a defendant from coming within 200 yards of the alleged victim's residence (even if that residence is his as well). When a defendant lives at the same residence as the alleged victim, he must find alternative living arrangements for 60 days (the length of the EPO).
If you are accused of Assault-Family Violence, it's important to hire an
experienced criminal defense attorney as soon as possible. When people come to my office with this charge, we immediately begin to plan a defense. We will discuss possible defense strategies and possible favorable witnesses, if any. Our office will procure all evidence the State claims to have against you. That includes all statements, police reports, pictures, videos, etc. Having full knowledge of the State's evidence is imperative to a thorough defense for these cases.
It's important that your side of the story gets heard. Do not be discouraged because the police didn't believe you (or didn't even take the time to get your side of the story). We will make sure that your side gets heard. Call us immediately if you are accused of this charge.