What are the consequences of a domestic battery case and how can a lawyer reduce them?
What Penalties Would Someone Be Looking At When They Are Convicted Or Plead To A Domestic Battery Charge Under Kansas Law?
On a first-time offense, every one of these carries a mandatory sentence of jail time. Whether you actually have to go to jail is debatable depending on the facts. You have to be sentenced if you are convicted on a first time to serve at least forty-eight hours in custody and no more than six months. On a second time, the penalty increases. The best way to explain this is there is no law that says you have to go to jail, that you actually have to spend time in jail, but you have to be sentenced. In other words, a judge can say at a first time offense, “I am going to sentence you to 30 days in jail but I am going to give you probation in lieu of that jail time as long as you do A, B and C”.
Usually, on low level offenses, it is going to be a probation type crime. When you get to elevated offenses that is when you start looking at someone’s criminal history and whether they are going to be presumptive prison or not. Looking at the letter of the law, for an average first time person, they are looking at a mandatory sentence of forty-eight hours and up to six months in jail. On a second time, it goes up to a year in jail. After that, it goes to a felony and you have to know their criminal history before you can tell them how much trouble they are in.
Would The Prosecution Introduce Evidence Of A Defendant’s Past Domestic Battery Charges Even If They Were Not Convicted?
No, not generally. There are always exceptions, but that is not usually going to happen. Most of the time is not going to get into evidence. However, the times it will get into evidence are if it is an element of the underlying offense. For example, when you are charged with a second time domestic battery that first offense may be used as evidence in your case. One of the elements of that offense is obviously proving that you have been convicted of it before, and that is when the prosecution will try to introduce evidence that you have been convicted from before.
Generally, criminal history is not going to be admissible in court to show a propensity to commit further crimes. In other words, “Look, you did it before”, “he probably did it this time.” That is kind of a safeguard that that is not in evidence because it has that kind of ancillary consequence of making people tend to believe they did it when they might not have. It jades the presumption that they are innocent.
Therefore, the answer is generally no, unless it is an element of offense, and a good lawyer will try to keep that out anyways. Even if it is an element of an offense by stipulating at a pretrial hearing or a pretrial motion to exclude that, but then stipulate to it; in other words, say, “You don’t have to prove this to the jury. We all agree to it”. It is always up to the judge on what gets in and what does not.
Should Someone Go Ahead And Get Voluntary Counseling Or Anger Management When They Are Facing Domestic Battery Charges? Is That An Admission Of Guilt?
If you get counseling for something, the prosecutor is never going to come in and say, “He went to get counseling for domestic battery, so we should somehow use that against him in court and say that he was guilty of domestic battery.” That is never going to happen. However, in some instances, it makes sense to get counseling as a preventive measure in case you do have a problem with something like this. As far as in the legal realm, it sometimes shows good will to the prosecutor.
Attorney Brandan Davies has had cases before where it is a close case or the person is a good person and has never made any type of mistake before. He has had prosecutors say, “Listen. I don’t want to fight you at trial on this, it’s a tossup. Why don’t you go have your client get some abuse evaluation and then complete the counseling? If you actually do that, then it is a show of goodwill, we’ll just dismiss the case?”
Such cases are common. It is really kind of on an ad hoc basis, depending on the client, depending on the circumstances. Sometimes, it makes sense to go to counseling, sometimes it does not. For an average everyday Joe, who had just touched his wife and wants to take the case to trial, sometimes it does not make sense to go have them do counseling because they do not need counseling.
Read on to know about the Consequences Of Domestic Battery Cases And How To Reduce Them or call the law office of Copley Roth & Davies LLC to Request a FREE Consultation at (913) 451-9500 and get the information and legal answers you’re seeking.
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