Charged with Felony Domestic Violence? What to Do Next
Felony domestic violence means an assault or related offense involving an intimate partner or household member that’s charged at the felony level—usually because of serious injury, a weapon, repeat offenses, a protective-order violation, or victim vulnerability. A conviction can mean state prison, large fines, firearm prohibitions, and severe immigration and custody consequences.
What Makes It a Felony vs. a Misdemeanor
Felony domestic violence typically involves:
Serious bodily injury (fractures, internal injury, disfigurement).
Weapon use or display (firearm, knife, vehicle).
Repeat offenses / prior DV convictions (recidivist enhancements).
Protective-order violations or vulnerable victims (pregnant, elderly, disabled).
Why it matters: Felonies bring longer incarceration, higher fines, broader rights loss, and records that are harder to expunge or seal.
What Prosecutors Must Prove
To convict, prosecutors must establish:
Actus reus: a harmful act (assault, battery, sexual offense, kidnapping, stalking).
Mens rea: intent/recklessness as the statute requires.
Domestic relationship: spouse/partner/cohabitant/dating/family nexus.
Aggravators: serious injury, weapon, prior DV, protective-order breach.
They rely on police reports, medical records, witness testimony, digital evidence (texts, DMs, photos, video), and sometimes forensic proof.
Immediate Steps to Protect Yourself (Do This Now)
Retain a domestic-violence defense lawyer immediately.
Follow all court orders (no-contact, firearms surrender, GPS).
Preserve evidence: texts, call logs, social posts, photos of injuries (yours and alleged), locations, witnesses.
Avoid statements to police or on social media; let counsel speak for you.
Document context: prior conflicts, third-party witnesses, medical/mental-health records, and any self-defense indicators.
Provide your lawyer with protective-order paperwork, medical bills, and contact info for potential witnesses.
Common Defenses & Mitigation Strategies
Self-defense / defense of others: proportional response to imminent harm.
Insufficient evidence: inconsistent statements, no corroborating medical proof.
Procedural violations: illegal search/seizure, Miranda issues, defective warrants.
False allegations / motive: custody disputes, retaliation, or coercion.
Mitigation: treatment enrollment, counseling, sobriety monitoring, stable employment, community ties—used to reduce exposure in plea or sentencing.
A skilled domestic violence lawyer tests every element and seeks suppression of unlawfully obtained evidence.
The Criminal Process (What to Expect)
Arrest & booking: Some jurisdictions use mandatory arrest policies.
Charging: Prosecutors select counts and enhancements.
Bail / release: Conditions often include no-contact, GPS, firearms surrender.
Discovery & investigation: Defense gathers records, videos, digital data; subpoenas hospitals and 3rd parties.
Negotiations: Many cases resolve by plea (charge reductions, treatment-based outcomes).
Trial & sentencing: If no resolution, a judge/jury decides; court weighs aggravators/mitigators.
Template goals your lawyer may pursue:
Bail: “Reasonable bail with electronic monitoring and a no-contact order.”
Plea posture: “Reduction to a non-domestic count or diversion conditioned on treatment and compliance.”
Penalties & Collateral Consequences
Prison & fines: Months to decades depending on the statute and injury.
Probation / supervision: DV counseling, batterer intervention, no-contact compliance.
Firearms: Federal and state prohibitions; 18 U.S.C. § 922 consequences.
Immigration: Potential deportation/inadmissibility for noncitizens.
Family law: Major impact on custody and visitation.
Licensing & employment: Threat to professional licenses; background checks.
Evidence Your Lawyer Will Scrutinize
Police reports & body/dashcam footage.
Medical records (ER notes, imaging, photos, bills).
Digital evidence: texts, call logs, social media, GPS, surveillance video.
Forensic items: DNA, injury pattern analysis.
Protective-order history and prior incidents (context, credibility).
Early preservation letters to hospitals, carriers, and platforms can be critical.
State Differences (Why Local Experience Matters)
Definitions of relationships, injury thresholds, look-back windows, and available diversion/treatment courts vary by state. Your attorney should pinpoint:
Enhancement rules (weapon/serious injury/prior DV).
Sentencing ranges & mandatory minimums.
Diversion, deferred adjudication, or treatment eligibility.
Expungement/sealing possibilities and timelines.
After a Conviction: Rights & Relief
Appeals: Strict deadlines—preserve issues early.
Record relief: Sealing/expungement varies; felonies are often limited.
Rights restoration: Voting/professional/license/firearm paths differ by state.
Immigration strategy: Coordinate with immigration counsel on post-conviction relief and collateral impacts.
FAQ (People Also Ask)
What elevates DV to a felony?
Serious injury, weapon use, prior DV convictions, protective-order violations, or vulnerable victims.
Can I get the case dismissed?
Possibly—through suppression (illegal stop/search), credibility challenges, or insufficient proof.
Will I lose my gun rights?
Felony DV generally triggers state/federal prohibitions; even some misdemeanors can under 18 U.S.C. § 922(g)(9).
How does this affect custody?
Courts heavily weigh DV findings in custody/visitation and may order supervision or restrictions.
What if I’m not a citizen?
Consult immigration counsel immediately; certain DV convictions can cause deportation or bar reentry.
Protect Your Freedom & Future
Felony domestic violence cases move fast and carry life-changing consequences. Speak with an experienced domestic-violence defense lawyer now to protect your rights, your record, and your family. Contact us for a free consult.
