Domestic Violence Assault

Domestic Violence Assault allegations need to be taken seriously. You need an experienced criminal defense attorney to protect your rights and interest. Call the Law Office of Robert C. LeBrasseur, PC to protect yourself if you are charged with Domestic Violence Assault. (207) 699-1315.

The prosecution to convict a defendant of Domestic Violence Assault has to prove beyond all reasonable doubt the defendant did intentionally, knowingly, or recklessly cause bodily injury or offensive physical contact to the victim and that this conduct was committed against a family or household member as defined by 19-A M.R.S.A. § 4002(4).

  • A person acts intentionally with respect to a result of the person’s conduct when it is the person’s conscious object to cause such a result or a person acts intentionally with respect to attendant circumstances when the person is aware of the existence of such circumstances or believes that they exist. This means the prosecution has to prove the defendant intended to cause bodily injury or offensive physical conduct.
  • A person acts knowingly with respect to a result of the person’s conduct when the person is aware that it is practically certain that the person’s conduct will cause such a result or a person acts knowingly with respect to attendant circumstances when the person is aware that such circumstances exist. This means the prosecution has to prove the defendant knew their actions were to cause bodily injury or offense physical contact.
  • Maine law provides that an individual acts recklessly when the person consciously disregards a risk that the person’s conduct will cause such a result or a person acts recklessly with respect to attendant circumstances when the person consciously disregards the risk that such circumstances exist. This means the prosecution needs to prove the defendant recklessly caused bodily injury or offensive physical contact.
  • “Bodily injury” means physical pain, physical illness or any impairment of physical condition.
  • Offensive physical contact is physical contact that results in less than bodily injury but that a reasonable person would view as offensive.
  • Family or household member under 19-A M.R.S.A. § 4002(4) is defined to mean spouses or domestic partners or former spouses or former domestic partners, individuals presently or formerly living together as spouses, natural parents of the same child, adult household members related by consanguinity or affinity or minor children of a household member when the defendant is an adult household member and, for the purposes of this chapter and the domestic violence assault statute, includes individuals presently or formerly living together and individuals who are or were sexual partners. Holding oneself out to be a spouse is not necessary to constitute “living as spouses.” For purposes of this subsection, “domestic partners” means 2 unmarried adults who are domiciled together under long-term arrangements that evidence a commitment to remain responsible indefinitely for each other’s welfare.

The reason assaults have to be alleged to have been committed against a family or household member is two fold: (1) If a defendant is convicted of a crime against a family or household member the period of probation is increased by one year for that class of crime (17-A M.R.S.A. 1202); and (2) if a defendant is convicted of a crime against a family or household member the defendant is prohibited under federal law from ever possessing a firearm or ammunition.

Domestic Violence Assault is a Class D misdemeanor crime. It carries a potential maximum sentence of 364 day in custody, $2,000 fine plus surcharges, and 2 years of probation. However, a Domestic Violence Assault can be charged as felony as follows:

  • If the Defendant has one or more prior convictions for Domestic Violence Assault, Domestic Violence Criminal Threatening, Domestic Violence Terrorizing, Domestic Violence Stalking, or Domestic Violence Reckless Conduct. Or one or more prior convictions for engaging in substantially similar conduct in another jurisdiction;
  •  If the Defendant has one or more prior convictions for violating a Protection From Abuse Order or one or more prior convictions for engaging in conduct substantially similar in another jurisdiction; or
  • If the Defendant has one or more prior convictions for violating a condition of release by having contact with a victim or victim’s family, or by possessing a firearm or dangerous weapon when the alleged victim in the case for which the defendant was on bail was a family or household member as defined in Title 19-A, section 4002, subsection 4.

Do not wait to contact my office if you are accused of Domestic Violence Assault. I will protect your best interest and rights. I have the experience, dedication, and education to provide you the best possible defense. (207) 699-1315.

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