Domestic Violence And Stalking

Federal Criminal Attorneys Explain Domestic Violence and Stalking

Domestic violence and stalking are considered to be very serious crimes and harsh penalties can result if you are convicted of either. In fact, mere accusations of domestic violence and stalking could affect your life by causing you to lose access to your family, home, and children – at least temporarily.

It is important that you understand the ins-and-outs of domestic violence laws so you can make fully informed choices about how to respond to accusations. One thing that may surprise you is that you can actually be charged with a federal crime for domestic violence or for stalking.

Federal and state offenses are treated differently, federal charges are typically much more serious, and you cannot control whether you are charged with a federal offense or a state offense.

Not every criminal defense lawyer is equipped to represent you if you have been accused of a federal offense, so it is important that you understand your rights and get an experienced attorney to advocate for you when you are charged with domestic violence or stalking on the federal level. You need an attorney who knows how federal prosecutors and investigators work and who can help you to navigate the criminal justice system as effectively as possible to protect your future.

LV Criminal Defense can help. Our dedicated and experienced legal team will work closely with you to fight against charges, do everything possible to defend your reputation and access to your family, and maximize the chances of a favorable outcome. We have a long and successful track record of helping clients to get acquitted or to get charges and penalties reduced and we know the laws ons talking and domestic violence inside-and-out.

To find out more about how our firm can help you when you have been charged with domestic violence and stalking, reach out to a compassionate and knowledgeable member of our legal team. If you need a federal defense lawyer in California, Arizona, Oregon, Nevada, Utah, or surrounding areas and want LV Criminal Defense to be your advocate, give us a call today.

Federal Criminal Laws on Domestic Violence and Stalking

Federal criminal laws on domestic violence and stalking are found in 18 U.S. Code Chapter 110A. There are a total of eight statutes within this section addressing different issues related to federal offenses for intimate partner violence or stalking. These statutes include:

• 18 U.S. Code section 2261 – Interstate domestic violence: This statute defines the crime of interstate domestic violence as committing a crime or attempting to commit a crime of violence against an intimate partner while traveling in foreign commerce; while entering or leaving Indian Country; or while under the special jurisdiction of the United States. Causing the travel of a victim could also result in conviction. Penalties vary depending upon the effects of the violence. If the victim is killed, then the defendant could face a maximum penalty of life imprisonment, and if serious bodily injury results or the defendant uses a weapon, the defendant faces up to 10 years imprisonment. In other circumstances, a defendant could be imprisoned for five years.
• 18 U.S. Code section 2261A – Stalking: This statute imposes a punishment for traveling in interstate or foreign commerce; entering or leaving Indian County; or acting within any territorial jurisdiction of the United States to harass or intimidate a victim. To be convicted, a defendant would need to place the victim in reasonable fear of harm, or would need to attempt to do so.
• 18 U.S. Code section 2262 – Interstate violation of protection order: This statute imposes penalties for violating protective orders, or trying to violate protective orders, while traveling in interstate commerce or foreign commerce; while under the special jurisdiction of the U.S.; or while entering or leaving Indian Country. Penalties could include up to life imprisonment if the victim is killed; up to 10 years if a weapon is used or bodily injury results; and up to five years in other circumstances.
• 18 U.S. Code section 2263 – Pretrial release of defendant: This statute makes clear that in domestic violence proceedings, the victim should be given a chance to talk with the court about the danger the defendant presents before the defendant is released.
• 18 U.S. Code section 2264 – Restitution: This statute addresses when a defendant would be required to make restitution to a victim.
• 18 U.S. Code section 2265 – Full faith and credit given to protection orders. This law makes clear that lawfully issued protective orders from other jurisdictions should be enforced.
• 18 U.S. Code section 2265A – Repeat offenders: According to the relevant statute, a defendant convicted of specified domestic violence events could face double the penalties specified under the chapter if the defendant had a prior conviction.
• 18 U.S. Code section 2266 – Definitions: This statute sets forth the definitions of words used in the rest of the statute.

LV Criminal Defense will assist you in understanding what these laws mean and how best to respond to accusations against you.

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