Sentencing in Greenwich Domestic Violence Assault Cases
Sentencing for domestic violence assault will differ from typical assault in Greenwich. If it is a family-type case, there is going to be more of a focus on rehabilitation and reconciliation, if it is a non-family case, there is going to be more of a focus on punishment and restitution, meaning making up for the injuries and damage that was caused to the alleged victim and making sure that there is no more lasting interactions between those two people.
Exact sentencing will depend on the particularities of a person’s case and it is important that they have an assault attorney to assist them in defending their rights and presenting any mitigating factors to the prosecution.
Family Court
The only difference between assault and domestic violence assault is if it involves a family member, in which the court will then involve the Family Relations Office. This is an arm of the court that essentially oversees the cases that involve family members because of the more sensitive nature of the familial relationship and interaction.
The family relations arm of the court is more specifically trained to understand the family dynamics and how to manage the case much differently in the sense that the focus may be more on assuring that there is no lasting danger to any of the family members involved. Often, it is the case that the family members do want to reconcile, so the Family Relations Office ensures that the reconciliation is done in a safe manner and in a way that is monitored and that everybody is getting the types of services that they need in order to make sure that everybody is safe within the household.
Aggravating Factors
If family members are involved, the aggravating factors influencing sentencing in Greenwich domestic violence assault cases would be, in addition to the physical assault or abuse, if there was a history of psychological assault or abuse that created a real fear by the family member that was affected. Essentially what will make it something more severe in a domestic type case or domestic violence setting is that it is not just isolated to this one event, it is more a product of an ongoing circumstance, which would put people in a concern for the safety of the people in their household.
Mitigating Factors
A mitigating factor in the family setting is that it is not coupled with a history of psychological abuse, that it might have just been a bad night or a bad argument. Things that will help mitigate the circumstances of sentencing in domestic violence assault cases in Greenwich are any kind of counseling or therapy that the family can do to show that they are making very reasonable and safe efforts to reconcile. In the non-family setting, whether it is aggravating or mitigating circumstances, it all comes down to the reason for doing it.
If there was no good reason for the assault or if it was from some sort of malicious intent to hurt somebody else, that will aggravate the circumstances. If it was for a more understandable reason, that the person was provoked by some very serious form or provocation such as a threat, a racial epitaph thrown their way, or something that would understandably result in a serious reaction, then that would tend to mitigate the circumstances because it shows that it is not something that was out a bad intent but it is more about a reaction to the moment.