Physical altercations between spouses or other intimate partners can lead to criminal charges. If one party reaches out to law enforcement or neighbors call the police when they overhear an argument, criminal prosecution is possible.
Factors, including who started the fight and the criminal records of the parties involved, can influence the charges that the state pursues. Additionally, unique circumstances can provide grounds for more serious charges or harsher penalties.
As previously covered on this blog, strangulation can be an aggravating factor in domestic violence cases. What other details can worsen charges or penalties?
1. Violating a protective order
If there has been a history of violence between the two parties and if one party has attempted to leave the relationship or address prior violence by asking the courts for a protective order, subsequent arrests for altercations could carry more serious penalties due to the violation of the court order.
2. Using or displaying a weapon
Some people use weapons during confrontations to intimidate others. Regardless of whether there was an intent to use a weapon to cause physical injury, displaying it or having it on hand during an incident of alleged domestic violence could lead to more serious charges.
3. Causing serious bodily injury
The presumed intent of the person prosecuted can influence the charges that the state pursues and the penalties the courts impose. In cases where one party sustained serious bodily injuries, such as a brain injury or a fracture, the courts could pursue more serious charges and harsher penalties when compared with cases involving less aggressive conduct.
Anyone facing domestic violence allegations could be at risk of serious penalties and a life-altering criminal record. Learning more about state rules can be beneficial for those who want to fight domestic violence charges accordingly.