Domestic Violence Penalties
The term misdemeanor covers a wide variety of offenses such as assault, battery, most DWI/DUI offenses, and petty larceny. The most common misdemeanor other than DWI/DUI is battery or assault against a household member, more commonly referred to as domestic violence. The key aspect of a misdemeanor is that the maximum possible jail time is one year.
Like all misdemeanors, misdemeanor domestic violence convictions carry maximum jail time of one year. Felony domestic violence convictions carry much greater sentences. Typically, felony domestic violence is charged with other crimes such as kidnapping, rape, false imprisonment, criminal sexual contact, aggravated battery with great bodily harm, and aggravated battery with a deadly weapon, among others. Each of these charges carry with it Felony Sentencing Guidelines that set the maximum penalties for each crime. These guidelines will determine the maximum possible penalties for your charges.
Whether jail time is ordered is a unique determination in each case. The courts tend to prefer treatment rather than jail if there are no prior offenses and a person is motivated to avoid any future incidents of domestic violence. Most courts have an Early Intervention Program for misdemeanor first time domestic violence offenders. To be eligible, you must have no prior domestic violence history, no history of drug or alcohol offenses, and no prior felony charges. If you are eligible and willing to enter the program, Early Intervention Programs involve anger management, domestic violence counseling, drug and alcohol counseling, and parenting classes where deemed necessary. Upon successful completion of Early Intervention, the criminal charges against you may be dismissed.
Felony charges are more difficult and require a case by case analysis to determine if there are early resolution possibilities. There are far fewer options for felony charges. The options depend on the facts of the case, the severity of the charges, and prior criminal history among other considerations.
Like all misdemeanors, misdemeanor domestic violence convictions carry maximum jail time of one year. Felony domestic violence convictions carry much greater sentences. Typically, felony domestic violence is charged with other crimes such as kidnapping, rape, false imprisonment, criminal sexual contact, aggravated battery with great bodily harm, and aggravated battery with a deadly weapon, among others. Each of these charges carry with it Felony Sentencing Guidelines that set the maximum penalties for each crime. These guidelines will determine the maximum possible penalties for your charges.
Whether jail time is ordered is a unique determination in each case. The courts tend to prefer treatment rather than jail if there are no prior offenses and a person is motivated to avoid any future incidents of domestic violence. Most courts have an Early Intervention Program for misdemeanor first time domestic violence offenders. To be eligible, you must have no prior domestic violence history, no history of drug or alcohol offenses, and no prior felony charges. If you are eligible and willing to enter the program, Early Intervention Programs involve anger management, domestic violence counseling, drug and alcohol counseling, and parenting classes where deemed necessary. Upon successful completion of Early Intervention, the criminal charges against you may be dismissed.
Felony charges are more difficult and require a case by case analysis to determine if there are early resolution possibilities. There are far fewer options for felony charges. The options depend on the facts of the case, the severity of the charges, and prior criminal history among other considerations.