The Northern Kentucky domestic violence lawyers at Suhre & Associates, LLC believe you are 100% innocent until the state proves you guilty beyond a reasonable doubt. Our belief in your innocence informs everything we do.
Our criminal defense attorneys take every allegation of domestic violence extremely seriously. Prosecutors and police will not rest until they have put you behind bars. That’s where we come in. You can rest assured we’ll use our 100+ years of combined experience to protect your rights and freedom.
Contact our team in Northern Kentucky right away for your free consultation.
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How Can Suhre & Associates, LLC Help With Domestic Violence Charges in Northern Kentucky?
Law enforcement takes domestic violence seriously. They are known for putting the full weight of their resources into investigating and prosecuting individuals accused of domestic violence, especially men. They will pursue the worst penalties they can, including restraining orders that prevent you from being near your family or loved ones.
You need a Northern Kentucky criminal defense lawyer to level the playing field. You need Suhre & Associates, LLC. Our team has over 100 years of combined experience in criminal law, including experience in law enforcement.
When you hire us, we can look out for all your rights, including:
- Fifth Amendment right against self incrimination (Miranda Rights)
- Fourth Amendment right against unreasonable searches and arrests
- Sixth Amendment right to confront your accusers
- Fourteenth Amendment right to a presumption of innocence (Due Process)
We will hold the prosecution’s feet to the fire and make them play fair at every turn. We will negotiate for a favorable resolution to your charges — or take your case to trial to preserve your freedom.
If you have been accused of a domestic violence crime, time is of the essence. Contact us right away in Northern Kentucky so we can get started fighting for you.
What are Domestic Violence Charges?
In Kentucky, there is not one specific criminal charge for domestic violence. Rather, many different crimes can be classified as a crime of domestic violence. Typically, domestic violence charges usually involve allegations of intimate partner violence, child abuse, or elder abuse.
Domestic violence is defined under Kentucky law as any of the following things between family members or “members of an unmarried couple”:
- The infliction of physical injury
- Sexual abuse
- The infliction of imminent fear of any of the things listed above
This may leave you wondering what qualifies as a family member or a member of an unmarried couple; a family member is defined as:
- A spouse
- Former spouse
- Any other person living with a child if a child is the victim
Members of an unmarried couple are defined as a child in common and the children of an unmarried couple — or each member of a couple that are living together or have previously lived together.
There are no unique penalties for a crime of domestic violence, with the exception of one thing: a domestic violence protective order (DVO). Domestic violence can be a felony or a misdemeanor depending on the conduct alleged.
The state will need to prove each element of that crime beyond a reasonable doubt in order to convict you. Suhre & Associates, LLC will find weaknesses in the State’s case against you and use them to your advantage.
What are the Penalties for Domestic Violence in Northern Kentucky?
The penalties for domestic violence in Northern Kentucky can vary greatly depending on how your case is charged. Each charge carries its own unique penalties. No matter which type of domestic violence you are accused of, Suhre & Associates, LLC can help fight for your freedom and future.
The three most common domestic violence charges are assault, strangulation, and stalking.
There are three types of assault that could be charged as domestic violence in Kentucky. These are:
- First Degree Assault – Class B Felony
- Second Degree Assault – Class C Felony
- Fourth Degree Assault – Class A Misdemeanor
Assault refers to intentionally or recklessly injuring another person. The charges become more serious for assaults involving dangerous weapons or severe injury. When injuries are less serious, the misdemeanor Fourth Degree Assault is typically charged.
A Class B Felony is punishable by 10 to 20 years in prison. A Class C Felony is punishable by five to 10 years in prison. A Class A Misdemeanor is punishable by up to 12 months jail.
Probation is often available as part of a sentence to reduce the amount of time spent in custody. However, probation is far less likely for repeat offenders or felony charges.
Strangulation is always a felony in the state of Kentucky. Strangulation is defined as intentionally or wantonly (recklessly) impeding the breathing or blood circulation of another person.
Intentional (First Degree) Strangulation is a Class C Felony. Wanton (reckless) strangulation is a Class D Felony. Class C felonies, as mentioned above, carry a five to 10 year sentence if convicted. Class D Felonies carry a penalty of one to five years prison if convicted.
Stalking is defined as stalking another person and making an explicit or implied threat that intentionally places that person in reasonable fear of sexual contact, physical injury, or death. If this is the first offense, stalking is charged as Stalking in the Second Degree, a Class A Misdemeanor. Other circumstances might turn the charge into Stalking in the First Degree, a Class D Felony.
Remember, the factor that makes these three types of crimes a crime of domestic violence is whether the victim fits into one of the categories outlined by law, such as family members and romantic partners.
A domestic violence protective order (DVO) is a restraining order available to victims of alleged domestic violence. When a victim of domestic violence files for a restraining order, the court must review it immediately. If they find cause, the court can issue an emergency protective order that will be in effect for two weeks. After two weeks, a hearing is held on the restraining order.
After the formal hearing, a domestic violence order can be issued for a period of up to three years, after which the restraining order can be renewed or terminated by the court.
A Domestic Violence Order prevents the defendant in a domestic violence case from taking certain actions specified in the order. Failing to obey the order is a crime and can result in arrest.
Prohibited actions may include:
- Going within a certain distance of the victim or others listed in the order
- Trying to contact or communicate with the victim or others listed in the order
- Committing further acts of domestic violence
- Going within a certain distance of a school, residence, or another place
- Destroying property of the victim
- Living with the victim
Domestic violence orders can turn your life upside down, even before a conviction. Suhre & Associates, LLC can help fight back against unnecessary DVO’s. We want to help get your life back on track, and fighting a DVO can be a huge part of this.
We have successfully fought these restraining orders on behalf of our clients, and we want to help you as well.
What Defenses Can You Use in Domestic Violence Cases?
Domestic violence cases can be extremely emotional for the accused. The state is threatening to tear apart your relationship, family, and living situation. Suhre & Associates, LLC understands how scary this is for you, which is we will give your case everything we’ve got.
It is important to understand that each case is different and will require its own unique defense strategy. With that said, some defense tactics that come up in DV cases include:
- Proving self defense, often based on past instances where you were the victim
- Establishing a motive for the victim to lie about what happened
- Showing police coached the victim on what to say to have you arrested
- Having key evidence and statements thrown out of court with motions to suppress
- Showing that the state cannot meet its burden of proof as to each element of the crime
- Cross examining witnesses to show eyewitness accounts are unreliable
One thing that makes domestic violence cases so difficult is that they are often “he-said-she-said” situations. This is because they usually occur in the privacy of the home. The lack of video evidence and other witnesses forces the police to choose if they believe you or the alleged victim.
All too often, the police side with whoever called the police. This is simply not a reliable indicator of who the aggressor was in a domestic incident.
Suhre & Associates, LLC understands how frustrating it can be when the State decides to side with the other person, even though you were actually the victim. Othertimes, the state may pursue charges even when the alleged victim doesn’t want them to.
This is why we fight so hard to defend your reputation and freedom. We will not sit by while prosecutors drag your name through the mud. Our team will employ every lawful strategy we can to establish your innocence.
Contact Suhre & Associates, LLC Right Away For a Free Consultation
The Northern Kentucky domestic violence lawyers at Suhre & Associates, LLC want to help fight for your future. Our criminal defense lawyers have successfully handled hundreds of serious domestic violence cases. With us in your corner, you will know you have an experienced, aggressive team behind you.
Contact us right away for a free consultation so we can get started fighting for you.