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Enhanced penalties are when, because of a previous criminal history, the penalty range that a person faces for a certain crime can increase. There are two ways a penalty can be enhanced. One way is the range of penalty could increase. If the range of penalty is 0 to 180 days, an enhancement could be raised to 5 days, 30 days, or however many the judge decides depending on the situation. Enhanced domestic violence penalties in Lubbock work similarly as well. For more on the subject, contact a qualified domestic violence lawyer today.
Other Ways Penalties Can Enhance
The other way that a penalty can be enhanced is that a judge can raise the crime up. If the crime starts as something basic like traffic tickets, fine-only offenses, or misdemeanor Cs, an enhancement makes the crime more serious as a B and then more serious as an A, then state jail, felony, and then felonies can go all the way up the line from 3, 2, and 1.
A felony forgery, for instance, on a person’s record will enhance the penalty range for a misdemeanor offense, either by bringing the range up or by taking the case to another level of crime. That is what enhancements do for any crime, including domestic violence. Consequences of penalty enhancements in Lubbock domestic violence cases can get severe.
Aggravating Factors to Penalty Enhancements
Another way to think about enhancements is based on what happens during the crime. Some of the things that might enhance penalties in a domestic violence case in Lubbock would be if the person caused serious bodily injury, which would increase the penalties that the person faces.
The more violent the crime, the harsher the enhancement of a penalty will be. If the person uses or shows a deadly weapon in some way, that will increase penalties as well Lubbock family violence cases.
If someone has a carry permit and they display it without the intention to harm someone, that would not enhance a crime. What would enhance a crime is displaying the weapon with the intention to intimidate or use it in Lubbock domestic violence cases.
How a Civil Protection Order Affects Family Violence Penalties
When a person gets a protective order, the court ensures understands that a person has an allegation of domestic violence. Because it is a domestic relationship, they want to make sure that everyone is protected, so that person will be unable to interact will the parties involved potentially until the case is resolved.
The court imposes these limitations on a person’s ability to interact and to be at certain places. Unless there are extenuating circumstances, it is a crime to violate that order and it will make matters worse when the person goes to trial if the person has violated a civil order. In other words, there will be criminal penalties and the violation is also going to be used against the person at trial. If a person violates a protection order, it can enhance their penalties in a Lubbock domestic violence case.