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Losing Your Gun Rights Through Domestic Violence Charges

What are the facts about domestic violence? Christina Williams talks about how easy it is to be charged with domestic violence and how you can even lose your Second Amendment right to bear arms.

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Transcript

00:00:00:20 – 00:00:30:26
Speaker 1
Hey, everybody, this is Christina Williams with Just Criminal Law. It’s all we do. Today, I’d like to talk a little bit about domestic violence, specifically what constitutes domestic violence, and then some of the really serious consequences that go along with a conviction. And David Mann and I were talking about this a little bit the other day, and we’re going to get into maybe some specifics of what I usually see in these type of cases as well.00:00:31:10 – 00:00:31:29
Speaker 1
Hi, David.00:00:32:06 – 00:00:54:19
Speaker 2
Hi there, Christina. Yeah, as we were talking, as we always do, you know, finding out I’m usually finding out things that the ordinary person doesn’t know. And it’s always interesting. So what we were I was sort of curious about is domestic violence charges get kind of thrown around a lot. It always feels to me whenever we’ve talked about it that it comes out of sort of a heat of the moment.00:00:54:19 – 00:01:03:29
Speaker 2
You know, it’s the fit of passion that causes these charges to come in the first place. So tell us what types of things you’ve seen regarding domestic violence.00:01:04:26 – 00:01:39:23
Speaker 1
Sure. So, I mean, domestic violence, first of all, is going to be, say, a husband, wife or girlfriend and boyfriend that live together, get into an argument and the argument turns into a physical confrontation or there’s a threat of physical violence. And nine times out of ten, these situations involve alcohol. And people, you know, are saying things and doing things that they typically wouldn’t, you know, pushing each other’s buttons.00:01:40:08 – 00:02:13:16
Speaker 1
And so with alcohol kind of impairing someone’s judgment, the confrontation that was verbal may turn physical. For example, a lot of times what we see is, you know, the couple’s drinking and one of them wants to leave and the other one realizes that’s probably a bad idea. You shouldn’t leave. You shouldn’t be driving. And so they’ll physically try to block them from leaving or try to take their keys away.00:02:13:26 – 00:02:22:22
Speaker 1
And it turns into a physical fight over, you know, leaving or the keys, whatever it may be. And then the cops get called.00:02:23:03 – 00:02:28:26
Speaker 2
So it can be as minor as something like just somebody pushes someone else. Right.00:02:29:24 – 00:02:54:09
Speaker 1
Absolutely. It’s as minor as some something that’s considered a rude or angry touch. So there doesn’t have to be any injury there. It doesn’t have to be, you know, any sort of proof that it happened as far as, you know, being able to see or verify that someone got hit. It’s it’s just a lot of times one person’s word against the other.00:02:54:19 – 00:03:16:22
Speaker 2
And it can be. That’s interesting. So it can be something considered a rude or angry touch, which is really subjective. I mean, that can be a lot of things, but when someone accuses someone else of this rude or angry touch and then the cops come and then there’s maybe a charge filed, what is actually on the line in terms of consequences for that?00:03:16:22 – 00:03:18:27
Speaker 2
That’s what I think people probably don’t even know about.00:03:19:28 – 00:03:44:29
Speaker 1
Sure. I mean. Well, when the cops show up and you’ve got a couple who’s been in a physical altercation, it’s just a matter of the agency’s policy that one of those two people needs to be arrested, go to jail and the idea is we’re not going to let these two continue to fight and drink and let it escalate and potentially something really serious could happen here.00:03:45:17 – 00:03:57:18
Speaker 1
So that policy requires one of those two people to get taken to jail and charged with this family violence battery. So it’s it’s serious stuff.00:03:58:05 – 00:04:08:17
Speaker 2
And they get taken to jail. And once they, you know, the the the the consequences beyond that. I mean, what what happens when they’re out of jail? I mean, are their rights impaired?00:04:09:21 – 00:04:37:01
Speaker 1
Absolutely. And that’s really one of the most concerning things about a case like this is if that person is convicted of a family violence battery of any sort of unlawful contact, they will lose their ability to own or possess a firearm. So your Second Amendment right to bear arms goes away with a conviction like this.00:04:37:01 – 00:04:37:20
Speaker 2
Forever.00:04:38:25 – 00:04:40:00
Speaker 1
Yes, forever.00:04:40:06 – 00:04:55:25
Speaker 2
Wow. Okay. So now with a good lawyer, as it were, always, you know, sort of considering that peace with a good lawyer, can this actually be avoided or, you know, reversed or something like that?00:04:56:05 – 00:05:26:01
Speaker 1
Absolutely. We have helped many, many people in this circumstance keep their gun rights. And it’s just a matter of either taking it to trial or getting a plea agreement that allows for those consequences to be avoided. And unfortunately, if you don’t get a good lawyer and you do end up getting convicted of this, there is a process of expunging that record where you can get those rights back.00:05:26:01 – 00:05:33:23
Speaker 1
And again, we’ve we’ve helped many, many people get the right back after they lost it in this type of scenario.00:05:34:05 – 00:06:00:28
Speaker 2
Okay. So just to kind of recap a little fit of passion about like should you drive home or not can escalate one stage to the next until a person loses their Second Amendment rights to own a firearm? And that can it’s hard to foresee in that little moment of passion there, but it sounds like what you’re saying is that maybe if they hire a good lawyer, they can actually get back to normal after all that.00:06:00:28 – 00:06:02:12
Speaker 2
So how do they get in touch with you?00:06:03:16 – 00:06:17:22
Speaker 1
Sure. We’ve included a link in the description and you can click on a link to call, text or chat with a member of my team any time, day or night. We know you only get one shot at justice some make years count. 

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