Spousal abuse is considered to be intentionally inflicting physical or emotional injury on your spouse. The various types of spousal abuse that are most significant in most cases involve stalking, physical abuse, social or economic deprivation, unwanted sexual intercourse, derogatory sexual comments, psychological abuse, and threats of physical harm. You may have questions about what will happen in your case if you have been charged with spousal abuse, and we will answer these questions today.
Is spousal abuse a felony or a misdemeanor? In many cases, it just depends on the circumstances. Many charges with fall under misdemeanors with possible jail time of six months or more as well as probation. However, you could end up sustaining felony charges if there was a weapon used to inflict physical injuries or you have a prior history of assault on your record.
If I sustain a felony charge, what should I expect? You will probably only be charged with a felony if you caused serious injury or death, your act involved a deadly weapon, or your acts involved inappropriate sexual comments or conduct. If you meet these criteria and are charged with a felony, you may sustain the heaviest fines, years spent in prison, or protection orders taken against you.
Are there any defenses to spousal abuse charges? Yes, typically the defenses that can be used in assault cases can also be used in spousal abuse cases. You may be able to prove your case false due to timing and evidence. You can also sometimes prove that you were not married at the time of the abuse, which may decrease the value of your charges even though not entirely.
Should I have a lawyer on my side for these charges? Yes, because these charges can be extremely complex and will follow you on your record for a long time. You should hire a defense attorney to handle your case when you have issues, concerns, or disputes. Call us today for more information on how to handle your case.