Parnham & McWilliams offers multi-lingual staff: we speak English, French and Spanish.
While being charged with any crime is a serious matter, charges of Domestic Violence are unique and of particular concern to those accused. There are graduated penalties for these types of offenses depending on the particular circumstances of the event and the history of the individuals involved. Many, if not most, of the penalties are severe. Even sentences of Probation can, and often do, come with special conditions that make successful completion more expensive, time consuming and difficult. In addition to the criminal charge itself, Domestic Violence cases carry many far-reaching collateral consequences, which, in many cases, may be more severe than the criminal penalty itself. The consequences include but are not limited to: your ability to own and possess a firearm, serve in the military, your ability to live in your home or maintain contact with your children.
Of particular importance are the potential consequences for non-U.S. citizens. Federal Law can characterize these offences as “Aggravated Felonies”, “Crimes of Violence” and “Crimes of Moral Turpitude” even when the criminal charge itself is only a Misdemeanor. As a result, these charges can and often do result in deportation, denial of naturalization and exclusion from admission to the United States. A person charged with these types of offences may be subject to these collateral consequences even where they received deferred adjudication, a petition for non-disclosure, or an expunction. It is imperative that your legal representation understands not only the Criminal Law implication, but is fluent and capable of addressing the collateral consequences as well.
The Sixth Amendment to the Constitution confers numerous rights on the citizens of the United States in regards to their defense in a criminal prosecution. One of the most important of these is found in what is referred to as the “Confrontation Clause”, that is, the defendant’s right to be confronted by the witnesses against them in a criminal prosecution.