Call Us Now
Email Us Now
Misdemeanor vs. Felony Domestic Battery Charges in Idaho
Idaho’s legal system takes domestic violence incidents seriously, and a conviction can lead to lasting consequences. If you’ve been charged with domestic battery in Ada County, understanding the key differences between misdemeanor and felony charges can help you better prepare for your case.
What Is Domestic Battery?
Domestic battery is a specific type of battery, which many people confuse with assault. While assault is the attempt to commit a violent injury on another person, battery is the charge when the violence actually happens. For example, if someone takes a swing at another person but doesn’t make contact, that would potentially be assault. If the swing does make contact, it would be battery.
Domestic battery, specifically, is an act of violence against what the law calls a “household member.” This is someone who is:
- A spouse
- A former spouse
- Someone the defendant has a child in common with
- A cohabitant
Allegations of domestic battery often happen between those who are currently in or have been in a romantic relationship, but it can also occur between family members who are living within the same house, such as a parent and child.
When Is Domestic Battery a Misdemeanor vs. a Felony?
A domestic battery charge can be either a misdemeanor or a felony. The two most important factors in which charge someone faces are whether the alleged victim suffered a traumatic injury and whether the defendant has previous convictions. Idaho law defines a traumatic injury as “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.”
This is a critical definition to be aware of because many people think of traumatic injury as the same thing as a serious injury, such as a broken bone. But even injuries such as minor cuts or bruises could be categorized as traumatic injuries and trigger a felony charge. A battery that did not result in a traumatic injury, such as if the other party only had a red welt, is a misdemeanor.
If someone has at least two previous convictions for domestic battery or domestic assault, a third conviction within 15 years can also be charged as a felony, even if the alleged victim didn’t sustain a traumatic injury.
What Are the Penalties for a Domestic Battery Conviction?
Many people aren’t aware of the seriousness of these charges until after they are arrested. The truth is that charges related to domestic violence incidents aren’t minor and aren’t always misdemeanors. Defendants can still face significant penalties even if it’s their first offense.
Someone convicted of a misdemeanor and who has no previous convictions can be sentenced to up to one year in county jail and a fine of up to $1,000. If it’s the second misdemeanor domestic battery conviction in 10 years, the fine can be enhanced to $2,000.
A conviction for felony domestic battery carries much harsher penalties, including up to 10 years in an Idaho state prison and a fine of up to $10,000. If it’s a second or subsequent offense within 15 years, the potential prison sentence can be extended to 20 years.
It’s important to note that the maximum sentences for both misdemeanor and felony violations can be doubled if the incident took place in front of a child under the age of 16. This can mean that the child was physically present in the room or that the incident occurred where the defendant knew the child could see or hear what was happening.
What Are Your Options for Defense?
When you’ve been charged with domestic battery, there are two main defense options: argue that it didn’t happen and that you’ve been falsely accused or argue that the incident wasn’t interpreted correctly. The first strategy may be an option if it’s essentially a he-said-she-said case, and there is little to no physical evidence. This is also generally a better option for misdemeanor charges, as the evidence of traumatic injury that resulted in the felony charge can be challenging to overcome.
The second strategy can be used to argue that you acted in self-defense or in defense of others, or that you didn’t have the intent to cause injury, and it was an accident. If you’ve been charged with a felony, an attorney may also be able to argue that the injuries didn’t rise to the level of “traumatic” and that the charge should, therefore, be downgraded to a misdemeanor.
While a complete dismissal of charges is always the best-case scenario, there are times when a plea bargain may be in your best interests. An attorney can help you evaluate this option and decide whether going through a diversion program or other alternative sentencing may allow you to avoid jail time.
Can a Defense Attorney Help You Avoid a Felony Conviction?
Working with an experienced defense attorney is one of the most important things you can do when fighting your charges. They understand the nuances of the law and can explain how it applies to your situation. They also provide a thorough explanation of all of the potential defense options. You should never attempt to fight domestic battery charges alone, especially if you’re being charged with a felony offense and facing years in prison if convicted.
If you’ve been arrested, call Tatum Wysocki Law, P.C., at 208-584-2590 to speak to a team member in our Boise office. We can start representing you right away and help you fight for your freedom.
