Definitions & Consequences

Family Violence: Defining Terms

Understanding the Terms

Assault: In basic terms, assault is the threat of violence against another person. Generally considered a misdemeanor, an assault takes on a greater level of significance when the assault takes place in a domestic setting.

In cases where law enforcement is called on the scene, it is not uncommon for all parties involved in the assault to be arrested.

Family Violence: Family violence is a broad term. Family violence constitutes violent acts against any family member, partner, boyfriend or girlfriend, or roommate with whom you have ever lived.

Family violence may include an ongoing pattern of violence or a single occurrence. Often a single occurrence is isolated and may involve a defensive act or a lapse in judgment. Yet the presence of police often precipitates the involvement of social services, causing a minor domestic squabble to spin out of control.

Considering the Consequences

The consequences of being convicted for assault are strict and can have serious repercussions. You may have your right to possess a firearm taken away forever. If you are found in possession of a firearm at a later date, it will be considered a federal crime.

Further, if you are even accused of a second assault, that charge becomes a felony rather than a misdemeanor. A third degree felony conviction is punishable by up to ten years in prison and a $10,000 fine. A Class A first offense for assault can result in up to a year in jail and a $4,000 fine.

Clearly, securing legal advice to negotiate a more favorable outcome in your family violence case is critical. We at Hines, Ranc & Holub, can help. Contact us today to schedule a free initial consultation with a member of our professional legal staff.