Allegations of domestic violence may result in numerous serious penalties. A conviction could result in jail time and fines. The record of a domestic violence conviction can cause challenges every time a person applies for a new job or seeks rental housing.
Additionally, domestic violence convictions can prevent people from making use of their Second Amendment rights. For those concerned about the lasting civil rights implications of a domestic violence charge, negotiating a plea deal to a lesser offense might seem like the best option available. However, a plea deal does not necessarily eliminate the most serious consequences of domestic violence convictions.
Federal rules take plea deals into account
The Second Amendment consequences of a domestic violence conviction come from federal policy, not just state law. Federal lawmakers long ago enacted a statute prohibiting those convicted of domestic violence from lawful firearm ownership. The intent is to prevent the escalation of domestic violence.
Lawmakers have since expanded the rule so that it applies to not just felony domestic violence convictions but to any violent criminal offense associated with domestic violence. A misdemeanor charge accepted as part of a plea deal can still carry the same Second Amendment rights as a more serious domestic violence charge.
Those who plead guilty to a violent crime to avoid prosecution for a more serious domestic violence allegation could end up facing firearm charges in the future. They may permanently lose their right to lawfully own firearms without realizing it.
Working with a criminal defense attorney to fight domestic violence charges is often a better solution than pleading guilty. An attorney can help defendants understand their options and the potential consequences of different approaches.