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Why Are Fatal Crimes Not Considered Domestic Violence?

Posted by Joseph D. Lento | Dec 17, 2019 | 0 Comments

In Pennsylvania, a crime only becomes a “crime of domestic violence” if two conditions are met:

  1. It is a certain, eligible type of offense under the state's domestic violence statute
  2. It is committed against a certain class of people, known as “family or household members”

A close look at the types of criminal offenses that can amount to domestic violence reveals an interesting similarity among them: Criminal offenses that result in a fatality to the victim are conspicuously not included in Pennsylvania's domestic violence law.

There's a reason for this. It has to do with the unique penalties that are on the table for people who have been accused of a crime of domestic violence.

Only Certain Offenses Can Become a Crime of Domestic Violence

23 Pa. Cons. Stat. § 6102 is a critically important statute in Pennsylvania. It defines the terms used in the state's domestic violence law. One of those definitions is what the law means by the term “abuse.” If conduct falls under the realm of “abuse,” it can amount to domestic violence.

That definition of “abuse” includes the following criminal offenses:

One thing that all of these offenses have in common, though, is that none of these violent crimes involve a fatality. Criminal offenses like murder or manslaughter are not considered “abuse.”

Some victims' advocates think that this is an egregious oversight. Here's why they are wrong.

Penalties for Domestic Violence Offenses Focus on Protecting the Victim

The difference between a regular criminal offense and one that has a domestic violence element to it is the penalties that the defendant can face, if convicted.

For example, someone accused of domestic violence assault will face all of the normal punishments that would have been on the table for a regular assault offense, plus the following:

  • A mandatory arrest at the scene
  • A likely restraining order
  • Problems getting or keeping child custody
  • Limitations to their Second Amendment rights

All of these enhancements serve to protect the alleged victim of the crime by limiting the freedoms of the defendant.

Fatalities Make This Enhanced Protection Pointless

Obviously, if the victim of the alleged offense died, then these restrictions on the defendant would become moot. There's no point in a restraining order if there is no one to protect.

Some people argue that this means domestic violence defendants “get off easier” if they kill their victim. But obviously this is not the case, as they'd be facing criminal charges for murder or manslaughter rather than just assault.

Joseph D. Lento: Criminal Defense in Philadelphia

Joseph D. Lento is a criminal defense lawyer who represents people in Philadelphia who have been accused of domestic violence. Contact him online or call his law office at (215) 535-5353 if you have been accused of a crime and want to raise a vigorous defense against the charges.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Joseph D. Lento has more than a decade of experience fighting for the futures of his clients in criminal courtrooms in Philadelphia, the Pennsylvania counties, as well as New Jersey. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being.

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Attorney Joseph D. Lento has more than a decade of experience successfully resolving clients' criminal charges in Philadelphia and the Pennsylvania counties. If you are having any uncertainties about what the future may hold for you or a loved one, contact the Lento Law Firm today! Criminal defense attorney Joseph D. Lento will go above and beyond the needs of any client, and will fight until the final bell rings.

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