Domestic violence battery
A domestic violence battery is the intentional touching or striking of a family or household member against their will, or causing physical injury. It can be charged as a 1st-degree misdemeanor or a felony.
What counts as domestic
A family or household member is your spouse, someone related to you by blood or marriage, people who live together now or have lived together in the past, and people who share a child.
The seriousness of the battery and your prior record of domestic abuse determine whether the State charges a misdemeanor or a felony.
Defending the charge
The first thing I do is file a Written Plea of Not Guilty and Demand for Discovery to obtain all the evidence the State intends to use. I speak with every witness to the incident and note their statements, so inconsistencies surface if their testimony changes at trial. Once the facts are known, I explore every available defense, including self-defense and mutual combat.
Penalties for a first conviction
If you are found guilty of or plead to a misdemeanor DVB:
Up to 1 year in jail
With a mandatory minimum of 10 days if the victim suffered bodily harm, or 15 days if a minor under 16 was present.
Up to a $1,000 fine
Plus court costs.
1 year of probation
Including the Batterers' Intervention Program.
Collateral conditions
Surrender of all weapons and ammunition, and no contact with the victim.
Repeat misdemeanor DVB convictions involving bodily harm carry progressively longer mandatory jail time.
Felony domestic violence battery
Aggravated Domestic Violence Battery is a 2nd-degree felony punishable by up to 15 years in prison and a $10,000 fine. It applies when the alleged victim suffers great bodily harm, permanent disability, or permanent disfigurement, or when a deadly weapon is used.
Strangulation of the alleged victim is a 3rd-degree felony punishable by up to 5 years in prison and a $5,000 fine.
A domestic violence battery conviction can never be sealed or expunged.
Related reading
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