Any time you're involved in a domestic violence case and you're the defendant — in other words, you're the person being charged — you can expect to lose your gun rights under the Second Amendment.
Typically, in a domestic violence case, you're going to lose your gun rights for ten years. The bottom line is that the legislature has decided that those people who cannot control their temper, get involved in physical altercations, and hurt other people don't deserve to have guns, and that's pretty much the premise behind the domestic violence laws that take people's guns away.
I've had a number of cases where there were weak domestic violence cases, so I was able to get the charge reduced from a domestic violence or battery case down to a disturbing peace case, for example. But there's still case law that says if the root of the case is domestic violence and the person takes a conviction, they're going to lose their right to bear arms or guns for ten years.
You must realize this when you become involved in one of these cases. You have to be very careful not to get a conviction if you don't want to lose your gun rights.
Unfortunately, sometimes people have done something or are involved in a criminal case, and the prosecutors have the evidence against them. So, if they go to trial and they lose the case, not only will they lose their gun rights, but they might lose their freedom. They might face a more severe charge alleged against them. They may receive worse terms on probation or parole, depending on whether the offense is a felony or a misdemeanor.
So, when you're talking about gun rights, they're certainly important to many Americans. Still, many times, weighing that against your freedom and the serious criminal charge being inflicted on your record.
A lot of people basically make a decision that, despite the fact that they're going to lose their gun rights for ten years, they need to work out a resolution. This could involve accepting a plea bargain, agreeing to a diversion program, or pursuing other legal strategies that could result in a less severe outcome. They need to protect their freedom. They need to protect their record and do what makes sense.
Plea Bargain to Avoid a Domestic Violence Conviction
When you're faced with these crucial decisions, the most important step you can take is to seek the guidance of a defense attorney. Choose someone with a proven track record in handling domestic violence cases, someone who can provide you with a realistic assessment of your chances in court. This professional advice will give you a sense of direction and reassurance in this challenging situation.
Because if you don't have a chance to win the case, the next thing you're going to need to do is instruct your attorney to negotiate with the prosecutors, try and work out some sort of a plea bargain in your domestic violence case. A plea bargain is an agreement between the defendant and the prosecutor, where the defendant agrees to plead guilty to a lesser charge or to a reduced sentence in exchange for a more lenient punishment. This can help you do damage control and salvage some of the things that you're able to salvage versus risking going to jail or prison, risking getting a conviction that is much harsher and higher and worse for your record than you could have got if you would have just worked out a resolution.
When it comes to your gun rights in a domestic violence or battery case, the first step is to sit down with your attorney. Together, you can assess the nature of your case and decide on the best course of action. This is your opportunity to take control and make informed decisions about your future, empowering you to navigate this difficult situation.
Once you have made that decision, the rest of the pieces typically fall into place. Obviously, you want to have a good domestic violence defense attorney by your side so you can reach the best possible resolution. This professional support will make you feel secure and protected during this challenging time.
