A person who has been charged with domestic violence needs an experienced attorney for criminal defense in Auburn. Consequences can be harsh when people are convicted of these offenses, as courts take an increasingly serious view of the behavior.
Negative Effects on Child Custody and Visitation
The individual may not even want to have a lawyer for the criminal defense in Auburn negotiate a plea bargain with the prosecution, since that requires pleading guilty. One of the main reasons to avoid a conviction of this charge is that it can negatively affect child custody and visitation after a separation or divorce.
The defendant may not be allowed to have shared physical custody and may only be allowed supervised visitation for a lengthy time frame. Child Protective Services or a similar government agency may even seek to restrict time with children from an entirely different relationship.
Restraining orders can be filed after the person is charged with domestic violence. In volatile situations, people are tempted to violate those orders, which can result in a jail sentence.
The Loss of the Right to Carry Firearms
In addition, a person who is convicted of domestic violence loses the right to carry a gun, a right that is very important to many people. This individual will not be able to hunt with a gun ever again or have a firearm for self-defense.
The defense attorney may be able to negotiate a plea bargain that reduces the charge and not only the penalty. Another possibility would be to have the charge modified to a different offense with the same legal seriousness but a different penalty structure. Prosecuting attorneys have a great deal of leeway in how they handle these matters, although plea deals must be approved by a judge.
Attorneys with an organization like Yoder & Kraus PC use a variety of strategies for these clients, whether they work on a plea bargain or bring the case to trial. For instance, they may find that the evidence is questionable in one or more ways. That can deter the prosecution from wanting to proceed to trial, and it also can convince a jury to vote not guilty. Like us on Facebook.