Domestic assault could happen in the blink of an eye. An argument can escalate and the next thing you know things get physical. Sadly domestic assault is all too prevalent in our world. According to Good Housekeeping, 1 in 3 women and 1 and 4 women experience violence from an intimate partner. When things like this happen, it’s important to know what domestic assault is. You should also know the different forms, who it can occur between, and the potential sentences for a conviction. You should also know how Rhode Island domestic assault attorney can help.
What Is Domestic Assault?
Domestic assault refers to the abuse of one member of a household by another member. The relationship with the person is what makes it different than regular assault. It doesn’t matter if the people are married or unmarried heterosexual or homosexual, dating or living together.
What Are the Different Forms?
There are four main forms of domestic assault.
This can take the form of something as small as a shove. It can move on to slapping, biting, punching, hitting, or attacking with any weapon. Essentially any form of physical violence inflicted on the victim falls into this category.
This occurs when someone coerces or tries to coerce the victim into some form of sexual contact without consent. Sexual abuse may take the form of rape or incest if a child is involved.
This takes place when an abuser isolates, confines, humiliates, verbally attacks, intimidates, or engages in behavior which might affect the self-worth of the victim. Examples of this include:
- Threatening to abandon or attacked the victim
- Isolating the victim socially and stopping others from seeing the victim
- Criticizing the victim and excessive amount or ignoring them
- Making the victim believe they may need to fear for their life
- Not get necessary care or food
- Intentionally scaring the victim
Economic abuse occurs when the abuser attempts to or makes the victim financially dependent. The abuser typically controls the victim’s access to money. The victim may live in fear that the abuser could cut off money at any time. Economic abuse may include:
- Stopping you from getting or keeping a job
- Attempting to sabotage your work life by messing with childcare, etc.
- Forcing the victim to ask for money
- Taking the victim’s money
- Demanding records of everything the victim buys
- Stopping the victim from talking to others about money
- Keeping the victim’s name off of accounts
- Harassing the victim at work, so they lose their job
- Controlling the victim’s access to financial institutions
- belittling the victim’s contribution financially, so they feel bad about themselves
Who Can This Occur Between?
Domestic assault can occur between any members of the household. This includes spouses, children, and parents. The law doesn’t discriminate based on sexual orientation or whether the people are married or unmarried. Domestic assault occurs when people are just dating as well. The relationship is the key factor in domestic assault. Domestic assault can’t occur between strangers, unlike regular assault.
What Are Some Sentences If Convicted of This Charge?
Sentences depend on the severity and nature of the crime. A crime that sexual will include longer sentences. Sexual crime may land you on the sex offenders registered as well. People on the registry have a harder time finding a place to live and work. Rhode Island takes to mastics so seriously, and even a misdemeanor conviction carries stiff penalties. It’s more difficult to remove misdemeanor domestic assault charges than other misdemeanor charges from your record. Some potential sentences:
A First Offense of Domestic Assault and Battery
You may face a fine of up to $1000 and to a year in prison. You must complete a domestic violence counseling and pay for increased court costs.
A Second Offense
You face a mandatory minimum of 10 days in prison with a maximum of one year. If convicted you may need to pay a fine of up to $1000. You must complete domestic violence counseling and pay increase court costs.
A Third Offense
A third offense becomes an automatic felony. You face a minimum of one year in jail with a maximum of 10 years. You could face a fine of up to $1000. Again you must complete domestic violence counseling and pay increased court costs.
How Can a Rhode Island Domestic Assault Attorney Help?
A skilled Rhode Island domestic assault attorney will ensure you minimize your risk. Hiring a Rhode Island, domestic assault attorney in the beginning insurance you don’t say anything incriminating to the police. Further, your Rhode Island salt attorney may find holes in the charges To ensure your freedom. If you go to trial or enter plea negotiations a Rhode Island domestic assault attorney can get you the best result. Their experience in handling these cases will help to build a strong defense a trial. This experience carries over into plea negotiations where they’ll do everything to get you the best deal.