Domestic Violence Lawyers in Wheeling

Welcome to the Law Office of Sean Logue, where we are dedicated to providing exceptional defense for individuals in Wheeling facing domestic violence accusations.

We understand the immense stress and complex emotions that can arise in cases involving domestic violence. Our team is committed to support you throughout the legal process, alleviating the anger and anxiety often associated with such situations by offering strong representation in court.

Crimes of Domestic Violence

When law enforcement responds to domestic violence calls, an arrest is typically made, regardless of the presence or absence of evidence, or the wishes of the alleged victim. This can lead to court hearings and additional stressors for the accused.

Nowadays, domestic violence charges carry more severe consequences than in the past. While this is aimed at ensuring the safety of victims, it also results in significant and long-lasting ramifications for the alleged offenders.

Domestic Violence Defined

In West Virginia, there are three actions that can result in arrest and charges of domestic violence:

• Recklessly causing physical harm to a family or household member.
• Knowingly attempting or causing harm to a family or household member.
• Creating a reasonable fear of physical harm using the threat of force against a family or household member.

It is crucial to note that even without physical contact, you can still be arrested for domestic violence.

Domestic Violence Types

We handle a wide range of domestic violence charges, including child abuse or neglect, domestic assault/battery, rape, sexual battery, menacing by stalking, and violating a protection order.

Domestic Violence Defenses

When facing charges of domestic violence, simply sharing your side of the story will not guarantee the charges being dropped. Often, the perpetrator’s account contradicts that of the victim.

However, with the expertise and experience of a knowledgeable Wheeling WV criminal lawyer, there are several possible defenses that can be utilized to potentially reduce or dismiss the charges against you. While the following list covers some of the most commonly used defenses in domestic violence cases, it is important to note that there are other options available.

• False allegations: It is not uncommon for a soon-to-be ex-spouse or partner to falsely accuse the alleged offender as a means of retaliation or to gain an advantage in civil cases such as divorce, child support, or child custody.

• Self-defense: Individuals have the right to protect themselves, even in domestic violence situations. Courts are more inclined to dismiss cases where the alleged violence occurred as a result of the actions of the supposed victim.

• Lack of evidence: If there is no evidence, such as injuries or other proof, to support the occurrence of domestic violence, the prosecutor will struggle to secure a conviction against the accused.

• Accidental injury: This defense applies when the alleged victim is injured due to their own negligence or external factors unrelated to the alleged offender.

• Defense of others: Sometimes, an alleged offender may cause injury to a family member to protect someone else from harm.

Penalties for Domestic Violence

When it comes to sentencing for domestic violence, judges consider various factors, including the severity of injuries, the type of victim, the offender’s criminal history, and the underlying charge. Domestic violence convictions range from minor misdemeanors to first-degree felonies. Penalties include fines ranging from $150 to $20,000, as well as jail time, which can range from 30 days to 11 years.

If you find yourself accused of domestic violence, you need the expertise and guidance of Sean Logue, an experienced Wheeling WV OVI lawyer. Contact him at (304) 381-3656.