Idaho Domestic Battery
Misdemeanor Domestic Battery | Felony Domestic Battery | Idaho DV Lawyers
Idaho Domestic Battery Charges
It is illegal to commit the crime of Battery on anyone but the crime is enhanced when the victim is a household member or the parties are in a romantic relationship.
Battery is defined as any unwanted touching of one person by another. This can be a push, a punch, a slap, or something as small as poking another with a finger. It does not have to cause physical harm or an injury. For more information see: Battery.
What is the Difference Between Felony Domestic Battery and Misdemeanor Domestic Battery?
Domestic battery can be charged as either a felony or a misdemeanor in Idaho. The classification depends on the facts of the case and the prior criminal history of the defendant.
Idaho Felony Domestic Battery
Any household member who inflicts a traumatic injury upon any other household member may be charged and convicted of a felony. A felony domestic battery conviction is punishable by imprisonment for a term not to exceed ten (10) years, by a fine not to exceed ten thousand dollars ($10,000), or by both fine and imprisonment.
Idaho Misdemeanor Domestic Battery
A household member who commits an assault or battery on another household member that does not result in traumatic injury may be found guilty of a misdemeanor domestic violence. A first misdemeanor conviction is punishable by a fine not exceeding one thousand dollars ($1,000), by imprisonment in a county jail not to exceed six (6) months, or both.
Enhanced Penalties For Prior DV Convictions
Each domestic violence conviction carries an increased penalty for future convictions. Before you plead guilty to a domestic violence offense make sure you understand all the implications.
A second misdemeanor conviction carries enhanced penalties - imprisonment in the county jail for a term not to exceed one (1) year, a fine not exceeding two thousand dollars ($2,000), or both a fine and imprisonment.
A third misdemeanor domestic violence crime within fifteen (15) years of the first conviction, is a felony. The punishment for a third offense is imprisonment in the state prison for a term not to exceed five (5) years, a fine not to exceed five thousand dollars ($5,000), or both.
A conviction for misdemeanor DV where the defendant was convicted of a felony DV within the last 15 years, is a felony offense and subject to imprisonment in the state prison for a term not to exceed ten (10) years, a fine not to exceed ten thousand dollars ($10,000), or both.
Contact Schofield and Young To Discuss Your Case
If you are charged with a felony or misdemeanor domestic violence crime, you will need a lawyer that will fight to protect your rights. Call us today for a free consultation.