Felony And Misdemeanor Domestic Violence

It's illegal to commit an assault or battery against anyone. However, if the defendant is charged with committing an offense against a domestic partner, Idaho domestic violence laws make the allegation much more serious.

Domestic violence crimes can be charged as either a felony or a misdemeanor. The classification depends on the facts of the case and the prior criminal history of the defendant.

Important Domestic Violence Terms:

1) “Household member” means a person who is a spouse, former spouse, or a person who has a child in common (regardless of whether they have been married), or a person with whom a person is cohabiting, whether or not they have married or have held themselves out to be husband or wife.
2) “Traumatic injury” means a condition of the body, such as a wound or external or internal injury, whether of a minor or serious nature, caused by physical force.

Felony

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.

Misdemeanor

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.

Prior Convictions

A second conviction 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.

In The Presence Of A Child

The maximum penalties are doubled where the crime is committed in the presence of a child. “In the presence of a child” means in the physical presence of a child or knowing that a child is present (nearby) and may see or hear an act of domestic assault or battery.

A “child” for these purposes is a person under sixteen (16) years of age.

Free Consultation

Each case is unique. The strength and weakness of your case will depend the particular facts of your case. Call me for a free consultation. I will answer any questions you have, and give you an honest assessment of your case.

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I am committed to providing every client with respect and compassion they deserve and every case with all my attention and passion. I work one-on-one with every client to make sure you get the best defense possible.

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