Do I Have to Be Arrested For a Domestic Violence Charge?
Unlike many other states, Missouri does not have a mandatory arrest law regarding domestic violence. However, whether or not you are arrested, being charged with domestic violence can have serious consequences. Combs Law Group is here. If you are facing domestic violence or domestic assault charges, call our St. Louis criminal defense lawyer immediately at (314) 900-HELP or contact us online for a free, confidential consultation to protect your rights and freedom.
Our domestic violence lawyers based in St. Louis can investigate your case, develop an aggressive defense strategy, and fight to get the charges against you dismissed or reduced. We know the lasting effect these charges can have on your reputation and your future. We won’t let that happen.
Do I Have to Be Arrested For a Domestic Violence Charge in St. Louis?
If your spouse, partner, or family member accuses you of domestic violence, law enforcement officers are not required to arrest you. Due to this, it is not necessary for the police to make an arrest while responding to a domestic violence call. Under Missouri law, an arrest becomes mandatory only under these circumstances:
- If police are called to the same place two times within the span of 12 hours
- If police have probable cause to believe that the primary aggressor has committed an act of violence or abuse against the victim or any other family member
Help Understanding Domestic Violence Charges in St. Louis and Throughout Missouri
Domestic assault and domestic violence charges are some of the most misunderstood areas in the law because of the stigma associated with the concept of domestic violence and abuse, but also because of the state’s interest in prosecuting them to the fullest. Unlike typical assault charges, domestic assault and violence carry with them specific elements and unique consequences.
Oftentimes, clients who are accused of domestic violence don’t know where to start because they don’t know the consequences it has on their futures and their families. It is crucial to have someone on your side that is familiar with all aspects of domestic violence. Combs Law Group knows the ins and outs of this area of law in St. Louis and throughout Missouri and how to approach your case. Call us right now at (314) 900-HELP or reach out to us online.
The following provides a breakdown of the different aspects of domestic violence under Missouri law, along with sentencing:
Domestic Violence, Fourth Degree
An individual commits the offense of domestic violence in the fourth degree if the act involves a “domestic victim” and:
- The individual attempts to cause or recklessly causes physical injury, physical pain, or illness to such domestic victim
- With criminal negligence, the individual causes physical injury to such domestic victim by means of a deadly weapon or dangerous instrument
- The individual purposely places such domestic victim in the apprehension of immediate physical injury by any means
- The individual recklessly engages in conduct that creates a substantial risk of death or serious physical injury to such domestic victim
- The individual knowingly causes physical contact with such domestic victim knowing he or she will regard the contact as offensive
- The individual knowingly attempts to cause or causes the isolation of such domestic victim by unreasonably and substantially restricting or limiting his or her access to other persons, telecommunication devices, or transportation for the purpose of isolation
Domestic Violence, Third Degree
An individual commits the offense of domestic violence in the third degree if he or she attempts to cause physical injury or knowingly causes physical pain or illness to a domestic victim.
Domestic Violence, Second Degree
An individual commits the offense of domestic violence in the second degree if the act involves a domestic victim, and he or she:
- Knowingly causes physical injury to the domestic victim by and any means, including but not limited to:
- use of a deadly weapon or dangerous instrument,
- or by choking or strangulation
- Recklessly causes serious physical injury to the domestic victim
- Recklessly causes physical injury to the domestic victim by means of any deadly weapon
Domestic Violence, First Degree
An individual commits the offense of domestic violence in the first degree if he or she attempts to kill or knowingly causes or attempts to cause serious physical injury to a domestic victim. This offense is a class B felony unless in the course thereof the individual inflicts serious physical injury to the victim, in which case it is a class A felony. Serious injury can include gunshot wounds, knife wounds, or severe physical assault.
How a Combs Law Group Defense Attorney Can Help You
There are several defense strategies our St. Louis defense lawyers can utilize to help your case, including:
- Innocence or False Allegations
- Burden of Proof
You didn’t do it. Plain and simple. Perhaps your spouse, partner, or family member wants to harm you by accusing you. Exaggerated or blatantly false allegations of domestic violence are extremely common in St. Louis and throughout Missouri. If there are glaring inconsistencies in the accuser’s statement, police report, evidence, and/or the prosecution’s case, your Combs Law Group defense attorney can easily establish that the charges against you must be dropped.
If your spouse, partner, or family member initiated the confrontation by trying to physically attack you and you reacted in order to protect yourself, your St. Louis defense attorney can make the argument that you acted in self-defense and thus can’t be accused of domestic violence. Call Combs Law Group today at (314) 900-HELP or contact us online to discuss the specifics of your case with our defense team.
If the case against you is built entirely on the basis of the victim’s allegations and statements made by alleged witnesses, your lawyer can make the argument that domestic violence can’t be proved beyond a reasonable doubt.
Facing a Domestic Violence Charge in St. Louis or Missouri? | Combs Law Group Can Help
Due to the misunderstanding surrounding domestic violence charges in St. Louis and throughout Missouri, you need an experienced criminal defense attorney on your side as soon as possible to prevent harsh and unnecessary consequences in the future.
Do not let an accusation of domestic violence or abuse change your reputation or future. The Combs Law Group legal team can review your case for free and let you know what your options are. Call us right away at (314) 900-HELP or contact us online to schedule a consultation with one of our knowledgeable lawyers.