Facing charges of domestic violence or child endangerment is a stressful and life-altering experience. The legal system takes these accusations very seriously, with steep penalties for domestic violence and child endangerment that can impact your freedom, reputation, and future.
Understanding what’s at stake can help you better address these charges with the help of an experienced domestic violence lawyer.
What Are the Penalties for Domestic Violence?
Domestic violence encompasses actions such as physical harm, threats, and other abusive behaviors committed against someone with whom you share a close relationship. This could include a partner, spouse, former spouse, co-parent, or family member.
First-Time Offense
For a first-time conviction, the penalties still carry significant consequences:
- Jail Time: 2 days to 6 months behind bars
- Community Service: 48–120 hours at the defendant’s expense
- Fines and Fees: $200 to $1,000 in fines, plus additional court assessments
- Counseling: Mandatory counseling for as many as 1.5 hours per week for up to 6 months
Even for a first offense, you cannot ignore the lasting impacts. A conviction could affect future job opportunities, housing options, and more.
Second Offense (Within 7 Years)
Repeat offenses are treated far more harshly:
- Jail Time: Minimum 10 days to a maximum of 6 months
- Community Service: 100–200 hours
- Fines: Higher fines ranging from $500 to $1,000
- Counseling: Mandatory counseling for at least a year
Multiple offenses on your record may also lead to further restrictions.
Third or Subsequent Offenses (Within 7 Years)
A third conviction can often escalate to a category C felony, with the following penalties:
- Prison Time: 1–5 years in state prison.
- Fines: Up to $10,000.
- No Probation: Convictions often come with mandatory prison sentences, leaving little room for negotiation.
At this level, the penalties signify how seriously repeat offenses are regarded, leaving little opportunity for leniency in the justice system.
Aggravated Domestic Violence
Certain circumstances result in additional charges or enhanced penalties, including:
- Strangulation: Classified as a felony, with up to 5 years in prison.
- Substantial Bodily Harm: If the victim suffers serious injury, penalties include prison terms of 1–15 years.
- Deadly Weapons: Use of a weapon in domestic battery can increase fines and prison time substantially.
These enhancements reflect how aggravating factors heighten both the severity of the crime and the potential consequences you may face.
No-Contact Orders and Other Restrictions
These charges may result in protective or restraining orders. Violating these orders could lead to criminal charges.
For example:
- A no-contact order could restrict communication with the alleged victim entirely.
- Violations, even unintentional ones, could lead to additional jail time or fines.
Failing to understand or comply with such terms can complicate your case further, so seek guidance on these restrictions.
What Are the Penalties for Child Endangerment?
Any action or lack of action that places a child at risk of harm could result in criminal charges, including but not limited to:
- Exposing a child to violence or illegal substances.
- Failing to provide adequate food, shelter, clothing, or medical care.
- Leaving a child unattended in unsafe situations.
- Driving under the influence with a child in the car.
- Leaving dangerous objects, like firearms or drugs, within a child’s reach.
- Excessive physical discipline that leaves injuries or marks.
- Allowing a child to live in persistently unsanitary or hazardous conditions.
- Exposing a child to known abusive individuals or environments.
- Failing to secure proper car seats or safety restraints for children while driving.
The state takes these behaviors, whether intentional or due to negligence, seriously and they can lead to life-altering penalties.
Misdemeanor Charges
For cases where the child was endangered but did not suffer harm, the penalties typically include:
- Jail Time: Up to 1 year in county jail.
- Fines: Up to $1,000.
- Probation: May include parenting classes or counseling.
While these penalties may seem less severe, a misdemeanor conviction for child endangerment can still damage your reputation and affect your future.
Felony Charges
If the child suffers physical or emotional harm, or if the endangerment is considered particularly reckless, the charges increase to a felony.
Penalties can include:
- Prison Time: 1–6 years in state prison.
- Fines: Often ranging between $2,000 and $10,000.
- Termination of Parental Rights: A felony conviction can impact custody or visitation privileges permanently.
Felony convictions create long-lasting consequences, often affecting your ability to work, live in certain places, or maintain parental rights.
Combined Charges
The state often charges child endangerment alongside domestic violence. For instance, if a child witnesses or is harmed in a domestic incident, prosecutors may pursue both charges.
This significantly raises the stakes, with higher fines and longer sentences. Combined charges require swift and skilled criminal defense representation to mitigate the potential penalties.
How Does Being Convicted for Domestic Violence or Child Endangerment Affect Your Life?
Beyond jail time and fines, a conviction for either of these serious criminal charges can affect the following aspects of your life:
- Employment: Many employers hesitate to hire individuals with violent charges on their record.
- Housing: Renting a home or apartment can become a challenge with these convictions.
- Gun Ownership: Federal law prohibits firearm ownership for individuals convicted of domestic violence in many cases.
- Custody Battles: Convictions related to violence or endangerment can influence family court decisions on custody and visitation rights.
Escaping a conviction can require the help of an experienced criminal defense lawyer who can protect your future and fight against the lasting impacts of these charges.
How Legal Representation Can Help Fight Criminal Charges
Understanding the justice system is complex. Without legal guidance, it’s easy to feel overwhelmed or unintentionally harm your case.
A lawyer can help by:
- Explaining how the law applies to your situation.
- Negotiating for reduced charges or alternative sentencing.
- Mounting strong defenses, such as false accusations, lack of intent, or self-defense.
For example, if you face a domestic assault charge despite an absence of physical harm, an attorney may argue for lesser charges like breach of peace or disorderly conduct. These carry much lighter penalties and fewer long-term impacts.
For child endangerment cases, a lawyer might challenge whether negligence actually occurred or highlight mitigating circumstances.
In any scenario, the right lawyer will provide the best chance at a favorable outcome. Seek legal representation when facing combined domestic battery and child endangerment charges.
Are You Facing Domestic Violence or Child Endangerment Charges?
Domestic violence and child endangerment charges are not something to face alone. The consequences can reshape your life in ways you might not have anticipated. Legal support can mean the difference between harsh penalties and a manageable outcome.
Don’t try to navigate the legal system without help. During a confidential case evaluation, an experienced criminal defense lawyer from The Law Office of Joel M. Mann can provide insight into fighting the charges. Call (702) 474-6266 or fill out a quick online form to learn more.
