A household member who commits an assault on another household member that does not result in traumatic injury may be found guilty of a misdemeanor domestic assault.
Any household member who inflicts a traumatic injury upon any other household member may be guilty of a felony.
A first misdemeanor conviction is punishable by a fine of up to one thousand dollars ($1,000), jail sentence of up to six (6) months, both.
A felony domestic battery conviction is punishable by imprisonment for a term of up to ten (10) years, a fine of up to ten thousand dollars ($10,000), or by both.
Fines and jail time increase with each subsequent conviction of domestic assault or battery. Prior charges will increase the minimum penalties you will receive at sentencing.
The maximum penalties are doubled when the act of domestic assault or battery for which the person is convicted or pleads guilty took place 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 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.
Attempted Strangulation
Any person who willfully and unlawfully chokes or attempts to strangle a household member, or a person with whom he or she has or had a dating relationship, is guilty of a felony punishable by incarceration for up to fifteen (15) years in the state prison.
No injuries are required to prove attempted strangulation.
The prosecution is not required to show that the defendant intended to kill or injure the victim. The only intent required is the intent to choke or attempt to strangle.
“Dating relationship” is defined as a social relationship of a romantic nature. Factors that the court may consider in making this determination include:
- The nature of the relationship.
- The length of time the relationship has existed.
- The frequency of interaction between the parties.
- The time since termination of the relationship, if applicable.
Can you lose your right to carry firearms with a domestic violence conviction?
Yes. Under federal law, if you are convicted of a domestic violence regardless of whether it is a misdemeanor or a felony, you lose your right to carry firearms for life. This also applies to domestic violence charges that are pled down to assault, battery, or even disturbing the peace.
This is a very serious disabling law that is enforced by the federal government. If a person convicted of domestic violence is caught possessing a firearm it is a federal felony punishable by up to ten (10) years in federal prison.
There are ways to work around this federal law so never plead guilty to domestic violence case without the advice of a knowledgeable attorney.
Set up a consultation today with Davis and Hoskisson, PLLC.