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  1. #1

    Default 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.

  2. #2
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    Sep 2010
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    Default Re: Domestic Assault - Second Degree- Felony C.persistent Domestic Violence Offender

    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.

  3. #3

    Default Re: Domestic Assault - Second Degree- Felony C.persistent Domestic Violence Offender

    Quote 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.

    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.

  4. #4
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    Default Re: Domestic Assault - Second Degree- Felony C.persistent Domestic Violence Offender

    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.

  5. #5
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    Default Re: Domestic Assault - Second Degree- Felony C.persistent Domestic Violence Offender

    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.

  6. #6

    Default Re: Domestic Assault - Second Degree- Felony C.persistent Domestic Violence Offender

    Quote Quoting Andrea80
    View Post
    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.

    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.

  7. #7
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    Default Re: Domestic Assault - Second Degree- Felony C.persistent Domestic Violence Offender

    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.

  8. #8
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    Default Re: Persistent Domestic Violence Felony Charges

    Quote Quoting Junior1
    View Post
    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.
    have you previously been convicted of DV within the preceding 10 years? In ANY state?

  9. #9
    Join Date
    Feb 2014
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    52

    Default Re: Persistent Domestic Violence Felony Charges

    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.

  10. #10

    Default Re: Persistent Domestic Violence Felony Charges

    Quote Quoting jk
    View Post
    have you previously been convicted of DV within the preceding 10 years? In ANY state?

    Never convicted or alleged of any kind of assault.

    - - - Updated - - -

    Quote Quoting Andrea80
    View Post
    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.
    -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.

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