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Assault and/or battery against a family or household member is merely an assault or battery against a certain class of persons. Family or household members are defined as blood relatives, spouses or former spouses, persons who have children together, or anyone who has cohabitated with another within the last twelve months.

It is a class one misdemeanor also, with the same penalties as a regular assault and/ or battery. However a conviction of it can result in the loss of some constitutional guarantees. Particularly, a conviction under this part of the statute can result in the loss of an individual’s second amendment right to own and operate firearms. Due to the important nature of this right, it is of paramount importance to pursue a vigorous defense to these charges. Specifically, in many domestic dispute situations, there are many instances of mutual combat where the person charged only acted in self defense. Furthermore, there are many times when it is the word of one person against another. In these circumstances, it is important to have an advocate on your side that can investigate the circumstances and craft an effective defense that proves your innocence. Such defenses must be proved to the satisfaction of a judge or jury, and must be done by attorneys who have had vast expertise handling such matters from both sides.

The attorneys at The Simms Firm, PLC have dealt with many cases involving assault on a family member. There are many defenses and possible resolutions that do not end with a criminal conviction. Our attorneys will investigate and defend the accused against these charges, and seek the best possible outcome.