Looking To Hire Domestic Violence Attorney in St. Louis, M0? If you’ve been accused or charged with domestic violence in Missouri, you need an experienced criminal defense attorney immediately. Domestic violence charges carry serious consequences, including jail time, orders of protection, loss of firearm rights, and damage to your reputation.
Many people assume that domestic violence charges are private matters that will resolve themselves. However, once law enforcement is involved, the case is in the hands of the state, and prosecutors can pursue charges even if the alleged victim does not want to press charges.
A skilled domestic violence attorney can:
- Protect your rights and ensure you do not make statements that can be used against you.
- Challenge evidence and identify weaknesses in the prosecution’s case.
- Negotiate for reduced charges or alternative sentencing options.
If you are facing domestic violence charges, acting quickly can significantly impact the outcome of your case. Contact us today for a free consultation with an experienced St. Louis criminal defense lawyer.
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How to Choose a Criminal Defense Lawyer
Charged with a crime? The lawyer you hire matters. Combs Waterkotte, recognized for top-tier criminal defense in Missouri, created this guide to help you find the right attorney. Learn what to look for, key questions to ask, and red flags to avoid.
What to Look for in a Domestic Violence Lawyer
Not all attorneys are the same—choosing the right criminal defense lawyer can make the difference between a conviction and a dismissed charge or not guilty verdict. Domestic violence cases require an attorney with specific experience handling these charges.
Key Qualities to Look For:
- Local Courtroom Experience – Your lawyer should have experience in St. Louis courts and know how local judges and prosecutors handle domestic violence cases.
- Proven Success in Domestic Violence Defense – Look for an attorney with a track record of defending similar cases successfully.
- Aggressive Defense Strategy – The best attorneys challenge evidence, question procedures, and build a strong defense against false or exaggerated claims.
- Clear Communication – Your lawyer should explain your options clearly, provide regular updates, and be available to answer questions.
- Strong Client Reviews and Reputation – Look for a lawyer with positive testimonials and a history of success in domestic violence defense.
Hiring an attorney is one of the most important decisions you’ll make after a domestic violence accusation. Make sure you choose someone who will fight aggressively for your rights and work toward the best possible outcome.
What Constitutes Domestic Violence in Missouri?
In Missouri, “domestic violence” is defined as abuse or stalking committed by a family or household member under Missouri Revised Statute §455.010. The term “abuse” encompasses various acts, including:
- Assault: Purposely or knowingly placing, or attempting to place, another person in fear of physical harm.
- Battery: Purposely or knowingly causing physical harm to another, with or without a deadly weapon.
- Coercion: Compelling another by force or threat of force to engage in conduct from which they have the right to abstain, or to abstain from conduct in which they have the right to engage.
- Harassment: Engaging in a purposeful or knowing course of conduct involving more than one incident that alarms or causes distress to an adult or child and serves no legitimate purpose. This includes:
- Following another person in a public place.
- Peering into the window or lingering outside the residence of another.
- Sexual Assault: Causing or attempting to cause another to engage involuntarily in any sexual act by force, threat of force, duress, or without that person’s consent.
- Unlawful Imprisonment: Holding, confining, detaining, or abducting another person against their will.
- Abusing a Pet: Purposely or knowingly causing, attempting to cause, or threatening to cause physical injury to a pet with the intent to control, punish, intimidate, or distress the petitioner.
Additionally, “stalking” is defined as purposely engaging in an unwanted course of conduct that causes alarm to another person when it is reasonable in that person’s situation to have been alarmed by the conduct.
The term “family” or “household member” includes:
- Spouses and former spouses.
- Individuals related by blood or marriage.
- Persons who are presently residing together or have resided together in the past.
- Individuals in a continuing social relationship of a romantic or intimate nature with the victim.
- Anyone who has a child in common with the victim, regardless of marital status or cohabitation history.
Domestic violence cases often involve protective orders and no-contact orders, which can limit your ability to return home or see your children. If you are facing domestic violence charges, a domestic violence attorney can help you navigate these restrictions and protect your rights.
Missouri Domestic Violence Charges & Penalties
Missouri law categorizes domestic violence offenses into four degrees, ranging from misdemeanors to serious felonies. The severity of the charge depends on the circumstances, such as the level of harm caused, the use of weapons, and whether the accused has prior offenses.
First-Degree Domestic Assault (Class B or A Felony)
- What it includes: Attempting to kill or knowingly causing (or attempting to cause) serious physical injury to a household or family member.
- Penalties:
- Class B felony: Up to 15 years in prison.
- Class A felony (for repeat offenses or severe injuries): Up to life in prison.
Second-Degree Domestic Assault (Class C Felony)
- What it includes: Attempting to cause (or knowingly causing) serious injury using a deadly weapon, dangerous instrument, or through strangulation.
- Penalties: Up to 7 years in prison.
Third-Degree Domestic Assault (Class E Felony)
- What it includes: Causing physical injury, endangering the victim through reckless conduct, or knowingly isolating the victim.
- Penalties: Up to 4 years in prison.
Fourth-Degree Domestic Assault (Class A Misdemeanor)
- What it includes: Attempting to cause or negligently causing physical injury, pain, or illness to a household or family member.
- Penalties: Up to 1 year in jail and fines up to $2,000.
Other Possible Consequences
- Restraining Orders: Judges can issue temporary or full orders of protection, preventing you from contacting the alleged victim.
- Firearm Restrictions: A domestic violence conviction often results in permanent loss of gun ownership rights.
- Restitution Payments: Courts may require you to pay for medical bills, property damage, or counseling for the alleged victim.
- Impact on Child Custody: Domestic violence convictions can severely affect custody arrangements and parental rights.
Even a misdemeanor domestic assault conviction can have long-lasting consequences on your life. If you are facing domestic violence charges, it is crucial to consult with an experienced domestic violence attorney as soon as possible.
What to Do If You Are Charged with Domestic Violence
If you are facing domestic violence charges, it is essential to take immediate action to protect yourself. These cases move quickly, and prosecutors often push for strict penalties. Follow these steps to safeguard your legal rights:
1. Do Not Speak to Law Enforcement Without a Lawyer
- Anything you say can and will be used against you in court.
- Law enforcement may pressure you to provide a statement—do not answer any questions without an attorney present.
- Even if you believe you are innocent, avoid trying to explain the situation to the police.
2. Comply with Any Restraining Orders
- If a protective order has been issued against you, do not attempt to contact the alleged victim in any way.
- Violating a restraining order can result in additional charges and make your defense more challenging.
- Your lawyer can help you challenge or modify the terms of a protective order in court.
3. Gather Evidence and Witnesses
- Keep records of text messages, emails, or any communication that may support your defense.
- Identify any potential witnesses who can testify on your behalf.
- Document any injuries, property damage, or inconsistencies in the accusations against you.
4. Hire an Experienced Domestic Violence Lawyer Immediately
- A skilled attorney can challenge weak evidence, question witness credibility, and fight to have charges reduced or dismissed.
- Having strong legal representation increases the chances of a favorable outcome, such as a plea deal or alternative sentencing.
- Contact a domestic violence attorney as soon as possible to start building your defense.
Can You Minimize the Consequences of a Domestic Violence Charge?
While domestic violence charges carry severe penalties, there are ways to reduce the impact on your life. Courts often consider alternative options, especially for first-time offenders.
Possible Ways to Reduce Charges or Penalties
- Plea Bargains: In some cases, your attorney can negotiate to have charges reduced to a lesser offense, such as disturbing the peace.
- Diversion Programs: First-time offenders may be eligible for counseling or anger management programs instead of jail time.
- Probation Instead of Jail: A judge may allow probation in place of incarceration, depending on the circumstances of the case.
- Challenging the Evidence: Weak or inconsistent testimony can lead to a case dismissal or reduced sentencing.
What Judges and Prosecutors Look For
- Whether you have a prior criminal record.
- If you are willing to attend counseling or anger management programs.
- Whether the evidence strongly supports the allegations against you.
An experienced attorney can guide you through these options and develop a defense strategy tailored to your case.
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How a Criminal Defense Attorney Can Protect Your Rights and Future
Combs Waterkotte has over 50 years of experience and over 10,000 cases handled. This ebook helps guide you through the criminal defense process and how an experienced, skilled defense attorney can keep your freedoms intact.
Find a Skilled St. Louis Domestic Violence Attorney Today
Domestic violence charges can have life-altering consequences. Whether you are facing misdemeanor or felony charges, the right legal defense can make a significant difference in your case.
At Combs Waterkotte, we understand the seriousness of these accusations and work aggressively to protect your rights. Our experienced St. Louis domestic violence attorneys are available 24/7 to fight for you.
Call us today at (314) 900-HELP or contact us online to schedule a free consultation..
