Warrant Issued for Buffalo Bill Von Miller For Alleged Assault of a Pregnant Woman – What is probable cause for domestic violence and how does a victim’s pregnancy affect the criminal charge? 

What happened to NFL Player Von Miller in Dallas, Texas

Recently, an arrest warrant was issued for Buffalo Bills’ Lineback Von Miller in Dallas Texas.  Police were called to a residence where a woman alleged that Miller assaulted her.  While Miller wasn’t present when police arrived, the woman provided a statement and displayed physical signs of an assault. The relationship between her and Miller remains unknown but she was pregnant was the alleged assault occurred  

What is the criminal charge against Von Miller in Dallas, Texas? 

According to the warrant, Miller is charged with a felony of third-degree felony, based on the fact that the alleged victim is pregnant.

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In New Jersey, Miller would likely face aggravated assault charges based on the circumstances in this case.  Aggravated Assault is committed in New Jersey when a person attempts to cause serious bodily injury to another, or causes injury purposely or knowingly or under circumstances manifesting extreme indifference to the value of human life recklessly causes such injury.  See Aggravated Assault New Jersey 2C:12-1. 

In Pennsylvania, Miller would like also face aggravated assault charges under § 2702 (Aggravated Assault).  Like Texas, aggravated assault in Pennsylvania and New Jersey is a felony charge.  A person convicted of a felony faces a potential state prison sentence.  While there is no mandatory minimum sentence associated with this charge, there is a presumption of incarceration. 

What is Probable Cause to arrest for a domestic violence crime? 

Texas, like Pennsylvania and New Jersey, maintains a strict procedure which allows a police officer to arrest a person, without a warrant, if he or she believes that a defendant has violated the Pennsylvania or New Jersey crimes code with regards to a crime of violence.  This type of evidence can include a victim’s statement, other witnesses’ statements and observation of injuries to the alleged victim. Had Miller been present when police arrived, he would have likely been arrested.  Miller left the residence and the area so authorities issues the arrest warrant.    

In most situations these acts of violence relate to any of the following offenses in Pennsylvania and New Jersey:

• Aggravated Assault (Title 18, Section 2702, Pennsylvania; 2C: 12-1b, New Jersey)
• Terroristic threats (Title 18, Section 2706, Pennsylvania; 2C: 12-3, New Jersey)
• Kidnapping (Title 18, Section 2901, Pennsylvania; 2C: 12-1, New Jersey)
• Criminal restraint (Title 18, Section 2902, Pennsylvania; 2C: 13-2, New Jersey)
• False imprisonment (Title 18, Section 2903, Pennsylvania; 2C: 13-3, New Jersey)
• Sexual assault (Title 18, Section 3122, Pennsylvania; 2C: 14-2, New Jersey)
• Lewdness (Title 18, Section 5901, Pennsylvania; 2C: 14-4, New Jersey)
• Criminal mischief (Title 18, Section 3304, Pennsylvania; 2C: 17-3, New Jersey)
• Burglary (Title 18, Section 3502, Pennsylvania; 2C: 18-2, New Jersey)
• Criminal trespass (Title 18, Section 3503, Pennsylvania; 2C: 18-3, New Jersey)
• Harassment (Title 18, Section 2709, Pennsylvania; 2C: 33-4, New Jersey)
• Stalking (Title 18, Section 2709.1, Pennsylvania; 2C: 12-10, New Jersey)

Pennsylvania and New Jersey domestic violence law allows the police officer to make the arrest on all of the above charges even if the police officer didn’t witness the actual incident but observes some type of physical injury to the victim or corroborative evidence.  This is what happened in the Miller case. 

What to do next if you or a friend is charged with a domestic violence crime in Pennsylvania or New Jersey like Von Miller? 

If you or a friend is charged with a domestic violence, you must contact a criminal defense lawyer to protect your rights!   

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