A Life Sentence For Non-Fatal Domestic Violence Is Possible, But It Does Not Happen Overnight

The Eighth Amendment to the U.S. Constitution protects against cruel and unusual punishment.  Thus, the courts do not routinely hand down life sentences except in cases of murder, but life imprisonment for repeated convictions for non-lethal crimes is an option, and some so-called “three strikes laws” have required it.  Thus, a California man is currently serving life for stealing VHS tapes from K-Mart decades ago, and a Texas woman is serving life after six DUIs, none of which resulted in an accident.  Such draconian sentencing guidelines are rarer these days than they were a few decades ago, so this probably will not happen to you.  Getting convicted of the same crime multiple times does tend to result in prison sentences of increasing length, and many more people have died in prison because the sentence for their final criminal conviction exceeded their life expectancy.  To avoid this situation, it is worthwhile to fight every charge or reduce it through a plea deal.  If you have gotten into legal trouble several times because of your volatile relationship with your off-again, on-again partner, contact a Pittsburgh violent crimes lawyer.

Recent Laws See Domestic Violence as a Pattern of Behavior, Not an Isolated Incident

Many times, when police respond to a domestic violence call, they recognize the people involved; domestic violence is not usually an isolated event.  It may be that the incident that prompted the present call is no big deal, but how can they tell whether it will be a big deal in the future?  After the 2021 murder of Gabby Petito, a Florida woman killed by her fiancé during a multi-state road trip, many states have been changing the way they approach domestic violence calls.  In a lawsuit, Petito’s parents alleged that police in Utah who intervened in a fight between Petito and her fiancé could have prevented her death if they had pursued a criminal case, or at least asked the court to issue a restraining order.  Some states issue “hope cards” so that alleged victims of domestic violence can show police that today’s call is not an isolated incident, that it is still a serious matter even though no one got physical injuries today.

In the News

In October, Ian Nakonechni of Greene County was convicted of eight criminal charges for strangling and sexually assaulting his ex-girlfriend, who survived the attack.  In May 2024, a court handed down a sentence of 60 to 120 years, which means that the only way Nakonechni will ever get out of prison is if he gets paroled or overturns his conviction or sentence on appeal.  According to news sources, Nakonechni has a long history of domestic violence, not only with the ex-girlfriend involved in the most recent case, but also with other former partners.

Contact Gary E. Gerson About Criminal Defense Cases

A criminal defense lawyer can help you if you are facing criminal charges for repeated incidents of domestic violence.  Contact the law offices of Gary E. Gerson in Pittsburgh, Pennsylvania about your case.

Source:

northcentralpa.com/news/man-previously-convicted-of-domestic-violence-gets-up-to-120-years-for-latest-attack/article_be8e0744-0bd9-11ef-9796-ff3f89bd3cc7.html