Columbia, MO asked in Domestic Violence and Criminal Law for Missouri

Q: Is my domestic violence charge a misdemeanor or felony?

I have a court date on May 16 regarding a new charge for domestic violence. I want to know if this charge is considered a misdemeanor or a felony.

2 Lawyer Answers
Steve D. Hardin
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Answered

A: It can be filed as either a felony or misdemeanor depending on the alleged facts. To know for certain you need to have an attorney review the actual charges. This can be part of the hiring process and you do need to hire an attorney to help with your case.

Do not discuss the case with anyone who is not your attorney or an attorney you are seeking to hire. On line is not secure and does not protect privilege.

James L. Arrasmith
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Answered

A: The classification of your domestic violence charge as a misdemeanor or felony depends on several factors, such as the severity of the alleged incident and your prior criminal history. In many cases, domestic violence is charged as a misdemeanor, especially if the offense involves no serious injury or threats of severe harm. However, certain aggravating factors, like the use of a weapon, prior domestic violence convictions, or a particularly violent incident, could elevate the charge to a felony.

Without specific details, it's hard to say for sure whether your charge will be classified as a misdemeanor or a felony. Your court date on May 16 is an opportunity to address this question with your attorney, who can clarify the specific charge and guide you through the legal process. They will also help you understand the potential penalties and defenses available to you.

If you’re unsure about the nature of the charge, it’s important to speak with a lawyer before your court appearance. They can provide a more precise answer and help you prepare for your day in court, ensuring that you understand all the legal implications of your case.

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