Domestic violence is a serious offense which unfortunately has a bad track record of falsely accusing individuals who are innocent of the alleged crime. However, due to the gravity of the crime, domestic assault is a crime that carries substantial penalties and is a terribly difficult charge to fight unless you have a skilled Springfield domestic assault lawyer in your corner. If you have been wrongfully accused of domestic violence there is hope for you. Even if it doesn’t feel that way. Charges like these can weigh heavily on a person’s psyche. You may have even started to feel the negative impacts a charge like this can have on your emotions, your personal relationships and even your professional life. Missouri Legal is here to help. Call us today to schedule a free, no-obligation consultation.
Below you’ll find advice on how to navigate this difficult road ahead of you and what you can do about the accusations you are facing.
What Is Considered Domestic Assault in Missouri?
According to this article from FindLaw.com, Missouri law states that the crime of domestic assault is committed when a person knowingly causes or attempts to cause physical injury to a member of his or her family or household. The three different degrees of domestic assault penalties are based on the severity of the the crime in question:
- First Degree Domestic Assault – Is for killing or causing serious physical injury to a family member.
- Second Degree Domestic Assault – Is when a person causes or attempts to cause injury to a family member using a deadly weapon or by strangulation.
- Third Degree Domestic Assault – Could be the charged for any of the following illegal acts:
- Attempts to or recklessly causes physical injury to a family member
- Makes a family member afraid of physical injury
- Puts a family member into a situation there is considered a high risk of serious injury or death
- Knowingly offensively touches another family member.
- Knowingly unreasonably isolates the family member from others
Wrongfully being accused of any of the above illegal acts is a substantial reason to discuss your options with an experienced domestic assault lawyer in Springfield. As previously mentioned, if you have been charged with this crime you may have already started to feel the negative impact it can have on your life and the strain it puts on your close relationships. The following are ways in which you can defend against these allegations and how an assault attorney in Springfield can help.
What You Can Do If You’ve Been Falsely Accused of Domestic Violence
If you have been falsely accused of domestic violence in Springfield, MO it is up to you to act fast. If you plan on countering the accusations that could, if left undefended land you hefty fines, prison time and the potential to lose custody of your children (if there are any involved). These guidelines will help you to build a case against the charges so that you can put this whole mess behind you:
- Document Everything. This includes any text message, email correspondence, medical records from the alleged victim, photos from the alleged physical abuse, witness statements, documentation of every interaction with your accuser, witnesses, any arrest record or mental health statements about your accuser, etc. More often than not, persons who falsely accuse other people of such heinous crimes are either undergoing a high-stress situation (divorce, a death in the family, etc,) or are mentally unstable. If you start to see signs, document these as soon as possible, they will help your case. Additionally, if there is a lack of physical proof from your accuser this will only strengthen your case.
- Contact a Domestic Violence Lawyer in Springfield. It’s no secret that if you’re facing fictitious domestic assault allegations that you’re going to need a solid defense to counter these charges. Once the charges or a restraining order have taken effect (these usually go hand-in-hand) it’s critical to your future that you call a criminal defense attorney at Missouri Legal as soon as possible. The sooner you can start building your case the better. Furthermore, you may wish to file a restraining order first before the accuser has a chance to. This is a legal way to keep you both away from each other which is important during this unsettling time in your life.
- Do Not Engage. Domestic assault cases in Missouri can be highly volatile. For this reason, it is extremely important that you avoid conflict with your accuser throughout and after this entire process. Even if the act or situation doesn’t seem like it could be construed in a negative light, there is no reason to take your chances. During these types of cases, your Springfield domestic violence attorney will advise you to keep your distance and remain civil with your accuser for the duration of the case. Even something as simple as blocking someone from entering a room because you don’t want to talk could be deemed domestic violence, especially if you are already facing domestic assault charges in Missouri.
Though it may feel like it if you have been wrongfully accused of domestic violence, it’s not the end. There is a way out. We have helped hundreds of people in the Springfield, MO area fight similar accusation as yours and won. Our firm is proud to offer fair prices, friendly service, and a track record of great results. Please call us any time for a free consultation.