Persistent Domestic Violence Felony Charges

My question involves criminal law for the state of: Missouri

I have a question regarding a plea bargain. If I were to take a plea bargain of misdemeanor domestic assault while under my charge judgments it states that I am a persistent domestic violence offender, would I be sentenced as a persistent offender?

Charge/Judgement
Description: Domestic Assault - 2nd Degree-Persistent Domestic Violence Offender Pursuant To Sec. 565.063 { Felony C RSMo: 565.073 }

565.063
(3) "Persistent domestic violence offender", a person who has pleaded guilty to or has been found guilty of two or more domestic assault offenses, where such two or more offenses occurred within ten years of the occurrence of the domestic assault offense for which the person is charged; and

[2] Sentencing for either a persistent domestic violence offender or a prior domestic violence offender who pleaded or was found guilty under Section 565.072 exposes that person to an enhancement of his or her sentence to a class A felony. Section 565.063.14.


I have never been been found guilty or alleged of domestic assault before.

You need to be discussing this with your attorney. Never plead guilty without legal counsel as to the implications. You should at a minimum read the entire 565.063. However, my reading is that the findings may be determined prior to sentencing. Typically your plea agreement will spell out the exact charge and penalties. If it bothers you, have them write in that you are not a prior/persistent offender.

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Quoting flyingron

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You need to be discussing this with your attorney. Never plead guilty without legal counsel as to the implications. You should at a minimum read the entire 565.063. However, my reading is that the findings may be determined prior to sentencing. Typically your plea agreement will spell out the exact charge and penalties. If it bothers you, have them write in that you are not a prior/persistent offender.

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I have discussed it with my lawyer. She has on multiple times tried to talk me into taking a misdemeanor assault, insinuating it's a good idea. She never told me that I wouldn't be able to posses a firearm if I had, and also never mentioned that i could be tried of the alleged persistent domestic violence offender, which could have had me convicted of a class A felony. She has yet to even give the alleged victim a deposition. She's not trying to talk me into taking the plea bc the evidence is overwhelming of my guilt. I have overwhelming evidence disproving the alleged charges.

Your attorney doesn't seem to think it is overwhelming, but there's no obligation on your part to take the plea. Yes, even pleading to a misdemeanor DV has serious outcomes (criminal record, firearm restrictions). I'm confused as to your other statement...you're already charged (presumably before the lawyer is involved), the charges as stated are clearly serious (and with a felony enhancement, albeit one that should not apply to you) on the table.

Apparently the lawyer doesn't think much about your overwhelming evidence.

If the allegation is false or inaccurate you need to take it to court. There is no winning in pleading guilty as affirmative finding of family violence has permanent and devastating consequences to the rest of your life. Permanent criminal record, banned from owning firearm or ammunition, child custody issues or even volunteering at school activities will be a problem.

Here are the possible consequences in case you plead or found guilty of the offense:

http://www.ejfi.org/DV/dv-20.htm#consequences

BTW: Why did you plan to plead guilty? Your original post suggests that you already decided to plead guilty to the charges.

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Quoting Andrea80

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If the allegation is false or inaccurate you need to take it to court. There is no winning in pleading guilty as affirmative finding of family violence has permanent and devastating consequences to the rest of your life. Permanent criminal record, banned from owning firearm or ammunition, child custody issues or even volunteering at school activities will be a problem.

Here are the possible consequences in case you plead or found guilty of the offense:

http://www.ejfi.org/DV/dv-20.htm#consequences

BTW: Why did you plan to plead guilty? Your original post suggests that you already decided to plead guilty to the charges.

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I'm most definitely not going to plea guilty. My lawyer however has tried to talk me into pleading, and she has yet to even give a deposition to the alleged victim. After getting so frustrated with my attorney, I started looking into my charges and how they correlate with missouri law. I noticed that on my warrant for arrest and on my charge/judgement it has me listed as a persistent domestic violence offender. So not only has my current lawyer tried to talk me into a deal that would have restricted from owning a firearm, or other severe consequences, I wasn't sure that if I had pleaded that I would have been tried as the persistent offender which has REAL bad consequences. Once again I have never been an alleged domestic violence offender, and my facts are far more overwhelming than hers. To the point I almost want to represent myself, which I'm sure is not the best move, but neither is pleading. I'm currently ten months into this, and I haven't to been heard with my side of the story. The alleged victims evidence that has been presented by the state could prove self defense on my part. A lot of shady activity is going on in my case, and I honestly believe it's prejudicial for certain reasons which I rather not discuss on here.

I recommend you NOT represent yourself. Beg or borrow the money for a competent lawyer.

Understand that this ceased to be a "he versus her" situation at the moment you were charged. It's the STATE vs. YOU at this point. Your "story" means nothing. The only thing that matters is did you commit the alleged assualt. It matters no much how much provocation, how mistreated you were, etc... leading up to it. Mutual brawling is not self defense.

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Quoting flyingron

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I recommend you NOT represent yourself. Beg or borrow the money for a competent lawyer.

Understand that this ceased to be a "he versus her" situation at the moment you were charged. It's the STATE vs. YOU at this point. Your "story" means nothing. The only thing that matters is did you commit the alleged assualt. It matters no much how much provocation, how mistreated you were, etc... leading up to it. Mutual brawling is not self defense.

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What do you mean my story means nothing? How can they know if I committed the offense or not. The only evidence presented by the state that I did in fact commit the offense, is a witness statement made by the alleged victims mom three days after the altercation when her mom showed up with the officer, and a facebook message that I sent her mom after her mom knowingly and deliberately ( and I believe illegally) tried to trick me into saying something that would convict myself when she had already two weeks prior given a statement. At this time, I wasn't even aware they had filed anything or given statements. The only thing in the message I said that would convict myself is that the only time I put a hand on her is I open hand slapped her bc she grabbed a pair of scissors and jumped on me. I also stated that she was the one that kept attacking me and I did the best I could to keep her off of me. In the victims statements herself she states she was the one yelling at me to leave, and also states that I tried leaving once but couldn't cause the tire on the truck was flat, and then when I finally left when I walked two miles in the middle of the night to the place where I own a business just to get away from her.

The officer didn't take a statement from the victim the morning he allegedly showed up with the victims mother, didn't take pictures, didn't take notes of what he saw or anything.

Not only am I a credible business owning taxes paid member of the community in this Town in Missouri, but the state is defending a girl who lives in Georgia.... For ten months now if a person was to look my name up, (which is on every business card I give out) they have me listed on my charge that I am a persistent domestic violence offender that the State has recklessly added to my charge, which means I've already been convicted TWICE of domestic assault. It's so ridiculous and aggravating, I will be either representing myself next court date, or at least issuing a statement for the record in my defense.

Most lawyers offer at least a free phone consultations,call a few to get their option. A misdemeanor dv is bad but better than a felony. It's hard to say with out knowing all the facts,the right lawyer can make a hugh difference. If you speak to a few more lawyer they give u different advice then the orignal one,it's worth finding the $ if you can get the charges dismissed. It might drag and be a big headache,the end results is what matters.

Guess what....they are not obliged to listen to your story. They are not obliged not to "trick" you in giving incriminating statements. The statements by the MIL and your statements are all the probable cause they need to charge you and if you go trial your girlfriend and anybody else who possibly has knowledge will be questioned under oath. By your own admission you assaulted her. Retaliation is not self defense.

Nothing you protest in your last paragraph makes one whit of difference. Lots of people pay their taxes and still commit criminal acts. The state is not "defending anyone." Get the chip off your shoulder, this is not a "her vs. you" argument at this point. Get thee a lawyer.

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Quoting Junior1

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My question involves criminal law for the state of: Missouri

I have a question regarding a plea bargain. If I were to take a plea bargain of misdemeanor domestic assault while under my charge judgments it states that I am a persistent domestic violence offender, would I be sentenced as a persistent offender?

Charge/Judgement
Description: Domestic Assault - 2nd Degree-Persistent Domestic Violence Offender Pursuant To Sec. 565.063 { Felony C RSMo: 565.073 }

565.063
(3) "Persistent domestic violence offender", a person who has pleaded guilty to or has been found guilty of two or more domestic assault offenses, where such two or more offenses occurred within ten years of the occurrence of the domestic assault offense for which the person is charged; and

[2] Sentencing for either a persistent domestic violence offender or a prior domestic violence offender who pleaded or was found guilty under Section 565.072 exposes that person to an enhancement of his or her sentence to a class A felony. Section 565.063.14.


I have never been been found guilty or alleged of domestic assault before.

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have you previously been convicted of DV within the preceding 10 years? In ANY state?

You provided very little information about the actual case so it is very difficult to give you any advice. You need to find a defense attorney who can evaluate your case:

- Was there any 3rd party witness?
- Has you wife filed for divorce (if you are married) or you're still together?
- Was there any injury that required medical attention?
- Who started and escalated the situation, were there any children at the premises?
- Have either party discussed what happened with others, is it consistent with the offense report?
- Is the "victim" credible or has any history of lying?
- Has the victim have any history of alcohol, drug abuse, child abuse etc?
- ...

DV cases are frequently won by skilled defense attorneys at court! There is nothing wrong with discussing the TRUTH(!) with your attorney or even on this WEB site.

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Quoting jk

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have you previously been convicted of DV within the preceding 10 years? In ANY state?

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Never convicted or alleged of any kind of assault.

- - - Updated - - -

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Quoting Andrea80

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You provided very little information about the actual case so it is very difficult to give you any advice. You need to find a defense attorney who can evaluate your case:

- Was there any 3rd party witness?
- Has you wife filed for divorce (if you are married) or you're still together?
- Was there any injury that required medical attention?
- Who started and escalated the situation, were there any children at the premises?
- Have either party discussed what happened with others, is it consistent with the offense report?
- Is the "victim" credible or has any history of lying?
- Has the victim have any history of alcohol, drug abuse, child abuse etc?
- ...

DV cases are frequently won by skilled defense attorneys at court! There is nothing wrong with discussing the TRUTH(!) with your attorney or even on this WEB site.

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-No third party witnesses, other than my dad the following day.
- We weren't married, and we're no longer together
- No medical attention was needed. She had alleged bruising, no pictures.
-She started and escalated the situation. In her statement used by the state it even says she was screaming at me to leave, tried once but the tire was flat, she screamed some more and I ended up walking two miles to get away from her.
-The offense report is a joke. First statement made in the report was the victims mother three days after when she showed up with an officer at the same time. Victim didn't give statement until 5-6 weeks later when she requested that charges be pressed.
- I don't really know about credibility, as far as being able to prove it. On the day the victim writes her first statement. (5-6 weeks later and while in the police officers office) the mother prints out facebook messages between the mother and I. In the screen shot you can see messages from the victim and her mother, and the only thing you can read is the victim says "She feels like its her fault". This evidence is used by the state. I'd love to get the rest of the conversation.
-No history of the victim and abuse.

My attorney may be skilled, but she is most definitely NOT trying to win this case. She's allowed this persistent domestic violence offender status stay up with not addressing it one time. If I had taken the misdemeanor deal she tried to talk me in to (before giving depositions to the victim or doing anything that could help me in the case I want to add) I could have been tried and sentenced as such. That is what has me trying to figure this thing out on my own. A lot of people keep saying just get another lawyer, but it's not that easy. I have paid her in full A LOT of money, and while I'm just now in the second year of owning my own business, I can't afford another one without my business going under. So.. just seeing what my other options are.

This OP has decided that he understands the rules of evidence better than his attorney does and that if the attorney has not done something it's because she's incompetent. Couldn't possibly be that the OP doesn't know what is and isn't permissible under the law.

I would suggest, you plead not guilty. Lawyers sometimes try to pressure clients into pleading guilty because that's the easiest and least time consuming way for them close the case (I saw it first hand many times). If you have concerns about your attorney's work you need to raise your concerns to the judge and may need to hire a different attorney. If you lose this case you will have lot bigger problems than just losing your business. You need to make sure the proper motions are filed (like request to disclose expert witnesses, exclude hearsay evidence etc).

I personally don't see how they made a case out of this if the first statement was made 3 days or weeks (more than 24 hours) after the incident without any documented injury and in case this ever make it to trial I don't see how this fact will not cast serious doubts in the mind of the jury. Anyways, pleading guilty would not give you any advantage you just give up your right to a fair trial. Fb messages, your mother-in-law's thought are all irrelevant, your ex-gf and your testimony are the only ones that are relevant (after making sure hearsay is not presented).

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Quoting Andrea80

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I would suggest, you plead not guilty. Lawyers sometimes try to pressure clients into pleading guilty because that's the easiest and least time consuming way for them close the case (I saw it first hand many times). If you have concerns about your attorney's work you need to raise your concerns to the judge and may need to hire a different attorney. If you lose this case you will have lot bigger problems than just losing your business. You need to make sure the proper motions are filed (like request to disclose expert witnesses, exclude hearsay evidence etc).

I personally don't see how they made a case out of this if the first statement was made 3 days or weeks (more than 24 hours) after the incident without any documented injury and in case this ever make it to trial I don't see how this fact will not cast serious doubts in the mind of the jury. Anyways, pleading guilty would not give you any advantage you just give up your right to a fair trial. Fb messages, your mother-in-law's thought are all irrelevant, your ex-gf and your testimony are the only ones that are relevant (after making sure hearsay is not presented).

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Unfortunately, I'm pretty sure I know why this has been able to go on in the fashion that it has. Any person who looks at what is involving this case would see they're giving me the "run around". It's my last name and the nature of my business. I'm not just assuming that statement either. It's actually very disturbing, which has made me freak out trying to get second opinions. I had a lawyer stop by yesterday and was bewildered as to how this got picked up by the state. Told me he would do something in complete contradiction of my current lawyer, that I thought was a good idea. He wants/needs five grand however. Sooo..... I'm not saying that it won't happen, but there's no possible way I can make that happen by next court appearance.