Being arrested or accused of domestic battery in Boise is no small deal. While it may not seem as serious as other charges, like murder or manslaughter, it can certainly carry very serious penalties. It can also affect other aspects of your life. That’s why it’s important that you understand what consequences you may be facing if you get convicted of domestic battery.
As with many other crimes, domestic battery can be considered a misdemeanor or a felony. It all depends on the circumstances of your case. It really comes down to the type of battery that is committed. For example, if you’re charged with causing a traumatic injury, it will be deemed a felony. If, however, you’re charged with some other type of physical contact against your significant other and there is no strangulation, or no serious injury, it will typically be considered a misdemeanor. This distinction is critical. It can mean the difference between 6 months in jail or ten years. It can also dictate the amount of fine you may have to pay.
Here, we’ll talk about what the penalties are for these sorts of crimes. We’ll also highlight some of the things that can aggravate the charges and penalties. If you’ve been charged or accused of domestic battery in Boise, you need to call our Boise criminal defense attorneys as soon as possible. Things move quickly when it comes to domestic violence. You don’t want to be left handling this on your own.
What is a Traumatic Injury When It Comes to Domestic Battery?
A domestic battery is any assault that is committed against another household member. By definition, a household member can be any of the following:
- a current or former spouse;
- Someone with whom you share a child; and
- Anyone considered a cohabitant (someone that you live with and you’re in a relationship).
If you commit any sort of battery against any of these people, you can be charged with a domestic violence offense. By law in Idaho, if you use any sort of physical force against one of these people and it causes “traumatic injury,” it can be considered a felony. When they refer to a traumatic injury, it doesn’t necessarily mean the victim was seriously injured. It simply means that the injury occurred during a traumatic situation.
In cases where it is deemed a traumatic injury. The penalties for a felony domestic battery include up to 10 years in jail and fines of up to $10,000.
The Penalties for a Misdemeanor Domestic Battery are Still Quite Severe
A misdemeanor domestic battery, when compared to a felony may seem a lot less severe, and although it is more insignificant, the penalties are still quite stiff. The penalties for misdemeanor domestic battery include:
- 1st Offense: Up to 6 months in jail and fines of $1,000
- 2nd Offense: Up to a year in jail and fines of up to $2,000
It’s also important to note that, if any domestic battery takes place in front of a child, the penalties are doubled. The law counts anyone under the age of 16 as a child for domestic battery purposes. This means that if your partner accuses you of hurting them in front of your 10-year old child, you could be facing up to 10 years in prison and fines of up to $10,000. This is no different than being charged with felony domestic battery.
You May Also Be Issued a No Contact Order
When your significant other or household member accuses you of domestic battery, the prosecutor can ask the court to issue a No Contact Order. If this happens, you can be ordered to stay away from the victim. This order may also address or order any or all of the following:
- No contact with the victim’s family
- Not allowed within a certain number of feet from the victim’s employer or other places they commonly frequent
- You may be forced to move out of your house
Contact an Experienced Criminal Defense Lawyer in Boise, Idaho
If you’re charged with domestic battery, you need to call an experienced criminal defense lawyer in Boise. They can review your case and let you know what you’re up against. They’ll also go to bat for you with the prosecutor and judge. There is an awful lot at stake when it comes to domestic violence charges. You don’t want to try to handle this on your own. Call our office today and schedule your initial consultation.