St. Louis Domestic Violence Attorneys

Aggressive Defense for Domestic Assault Charges in Missouri

If you've been arrested for domestic violence in Missouri, you need an experienced and aggressive attorney who can fight to uphold your constitutional rights and protect you from harsh penalties.

Judges, prosecutors, and even society want to enforce maximum consequences for domestic violence crimes because they see the sentencing process as a chance to pass strict moral judgment. However, all allegations come with nuances that others may not take the time to understand.

Our job as St. Louis domestic violence defense lawyers is to provide context to your case and protect your rights against prosecutorial overreach. Without someone to make this effort on your behalf, you could end up with a felony on your record.

Call (314) 334-3807 to arrange a consultation with The Hammer Law Firm.

Understanding Your Domestic Violence Charge

Domestic violence is a term used to refer to a wide range of actions committed by one person against another in any type of domestic relationship, including marriage, cohabitation, and family relations. There are a number of crimes that can constitute domestic violence, virtually all of which are viewed negatively by much of society and punished harshly by the criminal justice system.

While emotional abuse and physical violence are common classifications for these charges, domestic violence can include a number of crimes and abusive actions, such as:

• Child abuse, neglect, and abandonment
• Domestic sex crimes
• Domestic assault
• Kidnapping and false imprisonment
• Elder abuse
• Stalking
• Violation of protection orders

In Missouri, both a man and a woman may be arrested for altercations that lead to violence. Regardless of whether you instigated the incident or defended yourself by fighting back, you may still be arrested for domestic violence. Familial disputes pose a number of complications for law enforcement officers, but as laws are rigid, they often make arrests and place the burden of proof upon defendants.

If you are facing charges for domestic assault, it’s important to retain a strong St. Louis domestic violence defense attorney right away. The potential penalties are too serious for you to leave your future to chance.

When Does a Fight Become Domestic Assault?

Any violence against a “domestic victim” – that is, a member of one’s household or family – is considered domestic assault.

The following people are considering "domestic victims":

• a current or former spouse
• a family member by blood or marriage
• a person with whom the offender lives or previously lived
• a person with whom the offender has or had a dating or romantic relationship, or
• a person with whom the offender has a child.

Why does this matter? Though slight, there are differences between Missouri’s general assault laws and domestic assault laws. Therefore, you may find yourself facing harsher penalties for a domestic accusation simply because the accuser fits this definition.

When the Police Arrive, Is an Arrest Required?

No. Missouri law enforcement is allowed to use discretion when responding to a domestic assault call, which means an arrest is not mandatory. If an arrest isn’t made, then the responding officer must make a report to explain why there was no arrest.

Can the Prosecution Drop the Charges Upon a Victim’s Request?

No. Missouri—along with other states throughout the country—has adopted a “no-drop” policy in domestic violence cases, meaning the prosecution will not drop a case despite the request of an alleged victim to do so. It is assumed that domestic violence victims continue to be intimidated by the alleged abuser throughout the criminal process, which is why all charges must be investigated.

Is the Bond for Domestic Violence Expensive?

Possibly. Missouri law gives judges the power to set an extremely high bond—especially if the defendant poses a threat to the victim or the community at large—or deny it entirely.

Are Previous Crimes Admissible in Court?

Yes. If there is evidence that the defendant abused the alleged victim in a previous offense, it will be admissible in the current case.

How Domestic Violence Is Prosecuted in Missouri

In light of the increasing attention domestic violence has gained in the past few decades, there has been a wave of initiatives, legislation, and awareness spreading throughout the country. Throughout the past several years, the state of Missouri has amended and enacted a number of domestic violence laws, many of which subject offenders to more severe criminal penalties.

Additionally, domestic violence cases have become the target of increased efforts by law enforcement and prosecutors, with many jurisdictions maintaining specialized domestic violence units.

What does this mean to those who stand accused of domestic violence?

• Little leniency
• Aggressive prosecution
• Harsh punishment

Although intimidating, the legal process and penalties you face can be successfully handled, mitigated, or avoided by working with the St. Louis domestic violence attorneys at our firm. Former prosecutors who have handled these cases from both sides of the legal arena, our lawyers are prepared to ensure that your rights are protected and that the most favorable resolution is secured.

Harsh Penalties Warrant Aggressive Defense