Philadelphia Domestic Violence Lawyer
You were in shock to learn that one of your close family members made domestic violence allegations against you. These accusations may have been made while tempers flared, or you may have felt ashamed of your behavior during an intense disagreement with a family member. In either case, when criminal charges have been filed against you, it has never been more important for you to take your future seriously. The consequences that come with a domestic violence conviction could be life-altering. Enlist the services of a respected and highly experienced Philadelphia domestic violence lawyer from Ciccarelli Law Offices.
When you need a top-rated Philadelphia criminal defense attorney you can depend on, turn to our team to build a compelling defense strategy. We will review the state’s evidence against you and carefully evaluate the specific circumstances of your case to determine how to best approach your defense. In some cases, we may even be able to avoid going to trial. Contact our legal team to request a confidential consultation today and learn more about what happens next when you have been accused of a domestic violence offense.
Common Types of Domestic Violence Charges and Penalties
Domestic violence can take multiple forms. You could face charges for financial, psychological, physical, or sexual abuse. There are a variety of criminal charges that can be classified as domestic violence-related, including:
- Assault – Under 18 Pa. C.S. 2701, if you are found guilty of second-degree misdemeanor simple assault, you could spend up to two years in a Philadelphia county jail and be fined up to $5,000. However, if your charges are elevated to a first-degree misdemeanor, you could face up to $10,000 in fines and spend up to five years in jail.
- Aggravated Assault – Under 18 Pa. C.S. 2702, aggravated assault may apply if you committed assault with a complete disregard for someone else’s life or by causing serious bodily injury through the use of a deadly weapon. This can be tried as a first-degree felony, punishable by up to 20 years in a Pennsylvania state prison.
- Strangulation – If you are accused of strangling the alleged victim, you could be tried at the misdemeanor or felony level per 18 Pa. C.S. 2718. If convicted of first-degree felony strangulation, you could pay fines of up to $25,000 and spend up to 20 years in a Pennsylvania state prison facility.
Philadelphia Domestic Violence FAQ
Where can I get anger management in Philadelphia?
If you have been accused of committing a domestic violence offense and are hoping to convince the district attorney to reduce your charges or dismiss them altogether, one way to do so is by taking accountability.
If you enroll in anger management courses, you can show the state and your family that you are taking these allegations seriously. Here are some of the top-rated anger management providers in the Philadelphia region:
Peaceful Living Counseling Associates Inc.
Serenity Solutions
Thriveworks Counseling & Psychiatry Philadelphia
1015 Chestnut St Suite 403, Suite 1520
Located in the Jefferson Building
Thriveworks Philadelphia Counseling and Life Coaching
1518 Walnut St Suite 202, Suite 208
The Center for Growth/Therapy in Philadelphia
Open 24 hours
How do protection from abuse orders work?
According to 23 Pa. Chapter 61, a protection from abuse (PFA) order is similar to a restraining order. A PFA is meant to protect specific individuals and children from those who may be a threat to them physically or emotionally. A PFA can be requested on behalf of minor children and granted by the court system. Depending on the circumstances of your case, a PFA can remain in effect for up to three years. If you are on probation while a protection from abuse order is taken out against you, you could have your probation revoked.
Who is considered a household member?
Domestic violence charges should only apply if the offense was committed against someone who is considered a “household member.” According to PA 23 Section 6102.0, the following parties may be considered household members:
- Biological, adopted, or stepchildren
- Current or former spouses
- Anyone who lived together as spouses or domestic partners
- Current or former roommates
- The biological parents of a shared child
- Extended family members, whether related by affinity or blood
- Current or former dating or intimate partners
If the incident in question did not involve someone who could be considered a household member under the Pennsylvania statute, the domestic violence charges against you may not apply.
What happens if I violate a PFA in Philadelphia?
Violating a protection from abuse order can come with serious consequences. According to the Philadelphia County Courts, if a judge finds that you are guilty of a PFA violation, you could be fined up to $1,000. Depending on the details of your case, the judge also has the authority to sentence you to as much as six months in a Pennsylvania state prison. If the judge determines you are a serious threat to the petitioner, they can extend the PFA.
Are domestic violence convictions expungeable?
When your criminal record is expunged, it will no longer be seen on a background check. When you apply for housing, search for employment, or otherwise need to agree to a background check, you can answer truthfully when you are asked whether you have ever been convicted of a crime if your record has been expunged. However, not all criminal offenses are eligible for expunction.
Certain domestic violence convictions may qualify for expungement five years from the date you have completed your sentence if you were found guilty of a misdemeanor domestic violence offense per 18 Pa. 9122. You may also qualify if you were arrested, but the charges against you were dismissed, or you completed an accelerated rehabilitative disposition (ARD) program. If the domestic violence offense in your case was violent, involved a weapon or firearm, was of a sexual nature, or requires you to register as a sex offender per Megan’s Law, you may be ineligible for expungement.
Call a Philadelphia Domestic Violence Attorney for Help Today
Domestic violence charges should be taken seriously. Once these allegations are made, they cannot simply be taken back. Prosecutors will have the authority to decide whether to pursue criminal charges, reduce the charges against you to a less serious offense, or dismiss the case altogether.
With help from a reputable domestic violence attorney in Philadelphia from Ciccarelli Law Offices, you can take the necessary steps to build a compelling defense strategy. Learn more about what your defense might look like when you contact our legal team to request a confidential consultation. Reach us through our online contact form or by phone to get started on your defense strategy as soon as today.