How The Nature Of A Relationship Can Affect Criminal Charges (And More)
Crimes Of Domestic Violence Are Treated Differently Than Others
Police officers responding to reports of potential criminal activity and prosecutors deciding which charges to pursue against someone must carefully consider the details of that individual’s situation before committing to a course of action. A person’s prior criminal record is only one of many details that may directly influence how the state handles a criminal case.
In some cases, the detail that ends up being the deciding factor on the charges filed or penalties imposed is the nature of the relationship between the people involved in a situation.
Closer relationships may trigger harsher penalties
In Pennsylvania, state law provides that if a person is accused of committing certain crimes against someone with whom they have or have had a close relationship, those charges are often subject to harsher penalties.
Why? This is due to power dynamics and a heightened possibility of future or repeated violence. When people involved in a criminal altercation are strangers, the likelihood of a repeat incident occurring between the parties involved is small. Think about carjacking. The chances that the car owner and the accused will meet again are low.
However, when incidents involving physical violence occur between people who live together, who are in the same family or who have an intimate relationship, the risk of another altercation is higher.
As a result, Pennsylvania prosecutors will file more serious charges and pursue more strident penalties against those accused of acts of domestic violence against family members or their current or former romantic partners. For example, the law in cases involving strangulation, clearly states that a misdemeanor charge becomes a felony when the crime involves a family or household member. In other words, someone who strangles a stranger faces a misdemeanor charge, while someone who strangles a family member or intimate partner faces a felony charge.
Firearm rights are also affected
Another example of a harsher penalty or collateral consequence that arises from a domestic violence conviction can be a defendant losing his or her ability to possess a firearm. Federal law prohibits someone from possessing a firearm if they’ve been convicted in Pennsylvania of a felony or the highest graded misdemeanor. Federal law also prohibits someone from possessing a firearm if they’ve been convicted of a “misdemeanor crime of domestic violence” when certain criteria is met. (18 USCS 922 (g). These specific crimes do not require the highest misdemeanor grading to disqualify someone from possessing a firearm under federal law.
The fact of the matter is that those accused of acts of domestic violence in a situation involving a close friend, romantic interest or family member, may face harsher penalties and more serious charges. It is yet one more example of the nuances written into the law and the practical application of it. When choosing how to proceed on a case where domestic violence charges have been filed against you or a loved one, it’s best to consult with an attorney who is knowledgeable about those same nuances in the law. Contact Szilagyi Law LLC today so we can advise you on all of your legal defense options.
The information provided on this page is for informational purposes only and does not constitute legal advice nor does it create an attorney-client relationship.