Collateral Consequences
In criminal law, “collateral consequences” are consequences of a criminal conviction in addition to the actual sentence. It is widely known that being a convicted felon carries with it several “collateral consequences.” However, many are surprised to learn that a misdemeanor Domestic Violence Assault (“DV Assault”) conviction carries similar penalties and “collateral consequences.”
Misdemeanor DV Assault occurs when a “person intentionally, knowingly, or recklessly causes bodily injury or offensive physical contact” to a family or household member. (17-A M.R.S. § 207(1) (A)(2012). See also 17-A M.R.S. § 207-A (1) (A) (2012)
The definition of “assault” here is broad enough to encompass acts that do not result in injury. One can be charged with DV Assault for shoving a family or household member, as the State asserts that such actions are “offensive physical contact,” even if there is no injury to the other person.
Also, broadly defined, is “family or household member:”
Spouses or domestic partners or former spouses or former domestic partners, individuals presently or formerly living together as spouses, natural parents of the same child, adult household members related by consanguinity or affinity or minor children of a household member when the defendant is an adult household member, and individuals presently or formerly living together and individuals who are or were sexual partners. (19-A M.R.S. § 4002(4)(2012)
Many are particularly astonished to find out that the law applies to former partners. If you get into a physical fight with an ex, you could be charged with DV Assault even though you do not currently live together and have not seen each other in years. The breadth of the law is even more significant in light of the collateral consequences that result from a conviction.
Important to many is the consequence highlighted above, barring someone from owning, using, or possessing a firearm permanently. Obviously, this could end the career of anyone in the military and the hobby of any hunter. Possession of ammunition is also prohibited. Though the loss of the right to use, own, or possess a firearm is perhaps the most famous consequence of a DV Assault conviction, it is not the only consequence.
Though some employers are forgiving about certain misdemeanor crimes on one’s record, many do not accept employees with Domestic Violence Assault convictions. A conviction can also prevent individuals from obtaining state licenses associated with certain professions, such as a real estate license. For those concerned about family law issues, DV Assault convictions are very damaging.
A DV Assault conviction can be a “slam dunk” for a victim who wants to seek a Protection from Abuse order. These orders typically last for two years and can be renewed thereafter. DV Assault convictions can also negatively impact parental rights, child custody, and visitation with children. There may be other consequences in divorce proceedings as well.
This list is not exhaustive, as there are also many consequences to having any misdemeanor on one’s record. For instance, a DV Assault conviction, like other misdemeanors, may limit one’s access to travel abroad, including Canada.
Almost everyone has been angry with family or household members. Still, domestic violence is never the answer. The consequences of this crime are particularly damaging, with some lasting a lifetime.
