Domestic Violence Charge for Kicking a Door

[Disagreeable]

I would not plead guilty. Make them prove their case in court.

[aardvarc]

Did you merely kick the door and ramble on saying your peace from the other side of the door....or....did you kick the door OPEN and step into the room for the purpose of confronting the individual whom you wanted to give a piece of your mind? If the first, I'm not seeing domestic violence. If the second, yep, if you committed an act of violence to gain access to the person, any reasonable person would be in fear of you, and that's gonna get you a pair of locking bracelets every time. (Sometimes it pays to have strong doors in your home if you can't hold your temper or your alcohol.)

[Mephis]

Mr.K perhaps I am not understanding your definition of Deferral.
A suspended sentence will still carry a conviction. A deferred sentence would see the charge dismissed once the Defendant completes the terms the court has imposed.

[Mr.Wrong]

I didn't go in just said what I wanted then went to bed. I'm not interested in fighting the charges in a trial. Just wondering about possible sentence and outcome. Basically I'm just trying to be done with it. I did it,but I'm trying to stay out of jail. Maybe my question should have been more about possible dispositions rather than whether or not it's considered domestic violence. I know that the maximum fine is $500 and the maximum jail time is 6months: would I be looking at the maximum penalties if I plead? The amount the lawyer wants is more than the maximum fine, do I really need one if I just plead guilty? Again it's the possibility of jail time that concerns me most.

[Disagreeable]

You are foolish to plead guilty on such sketchy evidence. There is a burden to prove menacing during or after you kicked the door in before they can find you guilty.

[Mr.Wrong]

That makes sense.

[Mr. Knowitall]

Mr.K perhaps I am not understanding your definition of Deferral.
A suspended sentence will still carry a conviction. A deferred sentence would see the charge dismissed once the Defendant completes the terms the court has imposed.

The manner in which a suspended sentence works can vary significantly by court and jurisdiction. It can mean, for example, that a guilty plea is taken but held in abeyance or that a conviction is recorded but not entered. The term "defer" means "put off (an action or event) to a later time; postpone". A suspended sentence necessarily involves the deferral of some portion of the sentence.

None of that changes the fact that your statement about deferrals was incorrect.

[tc498]

It's their job to get a conviction,if you said nothing to the cops then maybe you can get the case dropped. Why make it easier on them and hardier for you? Also if you plead not guilty then you are probably gonna be offered a plea bargain,maybe to a reduce charge like disorderly conduct. The reduced charge would have less of a fine and probably less restrictions also. With a domestic violence conviction you will most likely have anger management classes and maybe be on formal probation. All those things can add up to more money and a domestic violence conviction looks really bad . In the future you might regret that you just plead guilty to get it out of the way.

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You are foolish to plead guilty on such sketchy evidence. There is a burden to prove menacing during or after you kicked the door in before they can find you guilty.

Exactly if you did not confess to anything,it just he said/she said and no direct proof. I would really talk to a lawyer and see what the chances are that the case can be dismissed.