Domestic Violence Over 40 Years of Criminal Defense Experience

St. Charles Domestic Violence Attorney

Defending Those Who Are Facing Domestic Violence Charges in St. Charles county, St. Louis county, and Lincoln county

Crimes committed in a domestic setting fall under the umbrella heading of “domestic violence.” These are offenses, such as assault, that carry separate charges and penalties because of the class of victims involved. These victims are family members, household members, and other intimate partners with whom you have a current relationship or have had a former relationship. Law enforcement, prosecutors, and judges take these offenses very seriously to protect those abused in such situations. Under Missouri law, these charges can affect your rights to purchase or possess a firearm. However, accusations of domestic violence are often made without concrete evidence, without verified witnesses, and based on hearsay, falsehoods, exaggerations, and attempts to gain the upper hand in family law court cases.

If you have been accused of a domestic felony, it is vital that you seek the representation of an aggressive criminal defense lawyer. At James E. Carmichael, Attorney at Law, you can bring your case to an attorney with extensive experience, proven trial skills, and a reputation for results. The sooner you bring Mr. Carmichael into your case, the better the results may be, as he can begin an intensive investigation into the charges you face. Early intervention may lead to a case dismissal or reduction of charges. Even if they do not, your chances of a favorable outcome are greatly increased with his competent assistance.

Are you facing charges of domestic violence? Call James E. Carmichael, Attorney at Law, today at (636) 442-0077 or contact us online to schedule a free consultation with our domestic violence lawyer in St. Charles.

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Domestic Assault in Missouri

The most common crime under the domestic violence label in Missouri is domestic assault. This is charged as a felony in cases involving third-degree, second-degree, and first-degree domestic assault. 

Third-degree domestic assault:  charged as a Class E felony carrying up to four years in prison and/or a fine of up to $10,000. It includes trying to physically injure the alleged victim or knowingly causing him or her pain or illness. It is important to note that you can be charged with this offense without having actually caused any injury but only by attempting to do so. 

Second-degree domestic assaultgenerally charged as a Class D felony that can carry up to seven years in prison and/or a fine of up to $10,000. It is charged when knowingly or recklessly causing serious injury to the alleged victim. This can include the use of a deadly weapon or strangulation. 

First-degree domestic assaultcharged as a Class B felony punishable by five up to 15 years in prison. However, if the alleged victim has suffered serious physical injury, it can be charged as a Class A felony carrying 10 years up to 30 years in prison. It involves knowingly causing or attempting to cause serious physical injury as well as attempting to kill the alleged victim. 

The Impact of Prior Convictions

Penalties are increased in each case for those who have prior convictions within the past five years. This can lead to the penalties of the next highest class of felony. For those with two or more prior convictions within the past 10 years, penalties can be increased by the next highest class of felony or even two felony classes higher than the one charged. How you are charged will depend on the specific circumstances of the case. 

Penalties in Domestic Felony Cases

Not only will you face criminal penalties as mentioned above, but a conviction will result in a permanent criminal record as a convicted felon of a violent crime. This can impair your future ability to gain employment, housing, educational opportunities, and may cause you to lose a professional license or be unable to obtain such a license in the future. Convicted felons are also prohibited from owning firearms.

You may additionally be subject to a protective order (restraining order) that bars you from any contact with the alleged victim, forces you to vacate a shared residence with the alleged victim, and impacts your child custody rights. These orders can impose other restrictions and conditions as set forth by the court. 

Contact Our Domestic Violence Lawyer Today

At James E. Carmichael, Attorney at Law, we understand the seriousness of domestic violence charges and are dedicated to helping our clients fight for their rights. St. Charles domestic violence attorney James E. Carmichael, has experience in domestic violence cases, so you can be confident that your case is in good hands. Should you or a loved one be facing domestic violence charges, please don’t hesitate to reach out and contact us today. We are here to guide and support you through this difficult time.

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