Have you been accused of or arrested on suspicion of domestic violence in Lexington, KY? Do not underestimate the seriousness of these allegations. Call Suhre & Associates, LLC, at 859-569-4014 to find out how our Lexington domestic violence lawyer can help you today.
The only way to avoid serious, life-altering consequences is by asserting an aggressive defense from the start. Having an experienced Lexington criminal lawyer in your corner can make all the difference in the world for this fight.
How Suhre & Associates, LLC Can Help If You Have Been Charged with Domestic Violence in Lexington, Kentucky
Domestic violence crimes are handled at the state level. At Suhre & Associates, LLC, we are experienced and knowledgeable regarding all laws pertaining to domestic violence in the Commonwealth of Kentucky.
We have the resources and strength to defend you against these allegations, and we will fight tooth and nail to ensure your future is not ruined by these unfortunate and possibly false allegations.
When you hire our Lexington criminal defense attorney to handle your domestic violence case, he’ll work to:
- Review all the evidence and factors surrounding your case. This includes personal matters within the family unit that could have led to false accusations, any and all hospital records, police reports, and any witness statements
- Discredit the testimony of the accuser
- Negotiate with the prosecution to get the charges dropped or lessened
- Be ready to take your case to trial if the prosecution does not offer a satisfying plea deal
- Demonstrate to the judge why you should get a reduced sentence if convicted
- Limit any potential complications your criminal charge might have on related family law or personal injury matters
Contact our Lexington, Kentucky law office to arrange a time to discuss the details of your case and learn about your legal rights. There’s no time to waste, so call now.
What is Domestic Violence in Kentucky?
- Married and unmarried intimate partners that reside in the same home
- Those who share children
- Children who live in the home
- Elderly family members, or
- Other immediate family members.
The accuser does not need to suffer injuries in order to press charges of domestic violence. Simply feeling threatened is enough to file charges.
Kentucky is notorious for staggering statistics pertaining to domestic violence.
- In a 2018 survey by the National Network to End Domestic Violence, it was discovered that 12 hotline calls were made every hour from those seeking help from an assailant.
- The National Coalition Against Domestic Violence notes that 1 in 3 women and 1 in 4 men experience intimate partner violence at some point in their lives.
- False accusations are also an issue in the United States, including Kentucky. 700,000 people are wrongfully arrested every year for domestic violence.
Because of the prevalence of domestic violence, Kentucky state law aggressively goes after domestic violence charges. Prosecutors will do everything it can to convict you, including putting the strength of all its resources towards proving your guilt. Law enforcement takes every report very seriously.
Intimate Partner Abuse
A domestic intimate partner is defined as a spouse, ex-spouse, an unmarried couple who resides in the same home, or individuals who have children. Domestic violence in this type of relationship is the most common. Physical, sexual, and emotional abuse, as well as stalking or even instilling fear of the aforementioned is considered domestic violence in the state of Kentucky.
The abuse of a child living in the home is a form of domestic violence. This can include the defendant’s children, or other children in their care. The abuse can be emotional, physical, or sexual in nature.
These accusations, regardless of validity, have to be taken seriously. 1 in 7 children has experienced some form of child abuse. In 2018, 1770 children died as a result of child abuse.
Because of the severity of child-related domestic violence, the state will be relentless in prosecuting these crimes. Having the strongest possible legal advice and representation is the most effective way to fight back.
Domestic abuse of an elder is the intentional physical harm, neglect, or emotional abuse of an older individual in the home, usually over age 60. This can include elderly parents, siblings, or any elderly person in your care. Abuse can be in the form of physically striking the individual, sexual abuse, emotional degradation, threatening, or neglect. Malnutrition, infections related to poor care, and large bruises are common in elder abuse cases.
There are several circumstances that make an individual more likely to be accused of domestic violence. These include:
- If you share children with the accuser
- If you are male
- If the accuser has emotional issues such as low self-esteem, jealous personality defects, or suffers from other mental ailments, such as emotional dependency issues
- If the accuser is pregnant
- If you drink alcohol or use recreational drugs
- If you are a minority
- If you are of poor socioeconomic status
We understand your anger related to these accusations, especially if you are innocent and fall into one of these high-risk groups. Kentucky is one of three states with mandatory reporting laws specific to domestic violence.
Penalties for Domestic Violence in Kentucky
If you are convicted of domestic violence, it could ruin your career, family relations, and future. Penalties could include fines, probation, and even significant jail time. Charges for domestic violence range from misdemeanor offenses to serious felony offenses that could result in serious jail time.
Some examples of commonly charged offenses and their penalties include:
Assault in the 4th Degree
Most minor accusations of physical abuse in domestic violence cases result in a charge of fourth-degree assault. This charge is a Class A misdemeanor that can result in probation and hefty fines.
If this is a recurring charge for the defendant, the state can raise the charges to a Class D felony, which means the defendant will face incarceration. It should be noted that the accuser does not need to be the same individual for the law to consider the charges as recurring or subsequent.
Stalking in the 1st Degree
Facing a charge of stalking is a serious accusation. This charge accuses the defendant of stalking and threatening to cause serious harm or even death to the accuser.
This charge is convicted in the first degree if the defendant has violated a protective order or has a previous charge related to stalking. This is a Class D felony.
If you are accused of sexually abusing someone in the home, you will face severe criminal penalties. If convicted of sexual abuse of a child under the age of 12, you will be charged with 1st-degree sexual assault which is a Class A felony. If you are accused of sexual assault or rape in an intimate relationship, you will face Class B felony charges.
All of these sex-based domestic violence crimes could result in the defendant being labeled as a sex offender on the Kentucky registry and put his reputation, family, career, and future at risk.
Domestic Violence and Restraining Orders in Lexington
Penalties associated with a domestic violence charge can be harsh, even before conviction. If the accuser seeks a restraining order, such as a domestic violence order (DVO) or an emergency protective order (EPO), you can be kicked out of your home, and even kept away from your children until the case is resolved or the DVO/EPO order expires.
Domestic violence orders can be temporary or long-term, meaning the defendant may not be allowed to see their children for up to a year.
Keep in mind that penalties for any crime of domestic violence can be increased if there are aggravating factors present. This could mean that a weapon was involved or that you have prior convictions on your criminal record.
Do not let this happen to you. Fight back by hiring Suhre & Associates, LLC, to defend you. Call today to speak with one of our Lexington criminal defense attorneys.
Defenses in Domestic Violence Cases in Kentucky
There are a number of defenses that an experienced Lexington domestic violence lawyer could set forth to help you beat these accusations. Strategies that might be applicable in your situation include:
- False or exaggerated allegations
- Accident or misunderstanding
- Mistaken identity
- Lack of direct evidence
- Insufficient proof of intent to commit an act of domestic violence
- Self-defense or defense of a third person
Finally, you have certain rights that simply can’t be infringed – at least not without good reason. This includes the right to be free from unlawful arrests and strict limitations on the police’s ability to conduct a search and seizure. If your rights are violated before, during, or after you are arrested on suspicion of domestic violence, evidence obtained by the state might be tainted.
The state cannot be allowed to benefit if that’s the case. Our lawyers will determine if your rights were infringed and, if so, file a motion to have any illegally obtained evidence thrown out.
Contact a Lexington Domestic Violence Lawyer Today
Suhre & Associates, LLC, has decades of experience defending those accused of acts of domestic violence. Our Lexington domestic violence attorneys today are ready to help you fight to keep your future secure.
Call our law office in Fayette County today to arrange a free consultation to discuss your case. We will sit down with you to understand exactly what happened, and then go over possible legal defense options to see how we can help you beat these charges. As with all our cases, your initial consultation is free.