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Holland & Usry, P.A.

I got charged with criminal domestic violence—but I never touched anyone! Is that legal?

Unfortunately, yes. But just because you got charged sure doesn’t mean you can be proven guilty. To win your case, you’ll need a sharp defense attorney who knows how to calm aggressive prosecutors and soothe jury desires to “right this wrong” by convicting you…because, let’s face it, emotions almost always run high in these cases.

The Law Determines the Charges (and the Law Isn’t Always What You Think)

The reason you got charged is due to the definition of Criminal Domestic Violence (CDV). You commit CDV when you…

  • Hurt a household member, defined as a current or former spouse, a person you have a child with, or a member of the opposite sex you live with or used to live with.
  • Threaten or attempt to hurt a household member (with the apparent present ability to carry out the threat) and thereby create a reasonable fear of imminent peril.

So your charge comes under the last part. The State must prove beyond a reasonable doubt you basically scared the complainant into believing he or she was about to get hurt. But that fright must be for a good reason—the State has to prove it legitimately looked as if you could carry out any threat you made. That’s why charging at your wife with a steak knife, hollering, “I’m gonna stab you right now!” is CDV. Telling her the same thing over the phone on a long-distance call doesn’t count as Criminal Domestic Violence, because your wife has no reason to expect you could stab her right now.

But threatening your wife is never a good idea.

While your case is weaker than one with a bruised victim in a torn-up home, it doesn’t mean you can’t be convicted. The penalties for a conviction can include heavy fines, jail time, and even loss of gun ownership. You’ve got a defensible case, but it needs to be presented the right way to be won. If you’d like more information how you can build a strong defense, please to email us right where you’re sitting to schedule a free meeting to discuss your rights and defenses.