Skillful Defense For Criminal Domestic Charges

Facing domestic charges, specifically domestic battery, may have far-reaching consequences. These consequences range from immigration considerations and job complications to affecting your right to legally own firearms. Also, with a mandatory time period where there is no contact with the alleged victim, issues concerning where you will reside need to be addressed immediately.

During this obviously confusing and frightening time, you need an attorney who has the skills to guide you through these difficult times. Let me, RW Mozingo II, give you the legal assistance to make the best choices for you and your situation. I founded my law firm, The Mozingo Law Firm, LLC, so that I can give hands-on criminal defense to people who need it.

When Is Assault And Battery A Domestic Violence Case?

Kansas prosecutors can pursue domestic violence charges in cases where the other party is a family member or household member of the person arrested. This classification applies to parents, stepparents, children and stepchildren.

It also applies to those who have had intimate romantic relationships, including spouses, former spouses, boyfriends, girlfriends, dating partners and co-parents. Even roommates who share a living space can trigger domestic charges.

What Are The Most Common Kansas Domestic Violence Charges?

Kansas recognizes several distinct types of domestic violence. The most common include:

• Domestic battery: Also known as domestic assault, domestic battery involves injurious or offensive contact. Misdemeanor domestic battery charges are the standard, but felony charges are possible if a defendant faces a third or subsequent charge within five years of a first offense.
• Aggravated domestic battery: This felony offense involves strangulation or intentionally impeding another person’s breathing.
• Violating a protection order or restraining order: Violating a protective order is a Class A misdemeanor, although repeat offenses can trigger felony charges.
• Stalking and harassment: Attempting to put a person in fear for their safety, tormenting them or alarming them can constitute stalking and harassment. First offenses may be misdemeanors, but subsequent offenses can be felonies.
• Child abuse or endangerment: Prosecution is likely when parents physically injure their children. Those who engage in domestic violence while children are present are also at risk of serious charges. Domestic harassment cases involve unnecessarily placing children in a state of fear.

These charges can carry strict criminal penalties, strengthen requests for protection orders and impact future custody rights.

Taking Proper Steps After A Domestic Violence Arrest

The most important step to take after a domestic violence arrest is to talk with a defense attorney. If you are subject to a no-contact order, you may not be able to return home or communicate with your children and you should comply with those restrictions.

Your attorney can file a motion to modify your bond so that you can retrieve your property or maintain peaceful contact with your children. While waiting for a criminal hearing, you may also need to attend a civil protection-from-abuse hearing if the other party requests an order of protection.

If the courts grant the order, you must adhere to its restrictions, or you may be at risk of arrest and secondary criminal charges. Your attorney can help you preserve evidence, such as 911 recordings, police bodycam footage, and any other records that can prove you acted in self-defense or were falsely accused.

Experience As A Former Prosecutor

Before becoming a criminal defense attorney, I spent a portion of my prosecutorial years serving in the domestic violence unit of the Johnson County District Attorney’s office. This time gave me not only valuable trial experience but also exposed me to training in police investigations and victim mentality. While each domestic case will have an alleged victim, that person will have an assigned victim advocate assigned to them. Knowing how this interaction affects prosecution is one of the many insider knowledge ideas that I bring to your defense.

Contact Me Immediately For Defense

The key to a successful defense starts immediately after your arrest. Do not hesitate and lose valuable time in securing evidence that may be used to your benefit. Contact The Mozingo Law Firm, LLC, immediately if you or a loved one has been charged with these types of crimes. Call 913-732-4903, or send me an email for a free consultation.