Hands on jail cell bars.

Did you know that domestic violence isn’t a charge but instead is a broad category that encompasses several different charges involving violence between domestic parties? Let our criminal defense law firm explain.

Misdemeanor Vs. Felony Domestic Violence

Domestic violence as a misdemeanor assault charge is essentially the threat of violence and faces a maximum penalty of 60 days in jail. There’s also the most common charge of domestic battery which is a first-degree misdemeanor and carries a maximum penalty of one year in jail.

There are also many different felonies such as aggravated battery with a deadly weapon, aggravated battery based on serious bodily injury, aggravated battery on a pregnant female, and more. All of these charges could also be classified as domestic violence, it just depends on the relationship between the parties.

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It should be noted that all of these felonies carry a maximum sentence depending on the charge. Therefore, third-degree felonies carry a maximum sentence of five years in prison; second-degree felonies, a maximum of 15 years in prison, and first-degree felonies a maximum of 30 years in prison.

While these are all maximum sentences, it is important to note that very few people end up having to serve a maximum sentence for any given crime. The sentencing is all based on the totality of the circumstances such as the injuries in a particular case, a person’s own prior criminal history, and more.

If you’ve been charged with domestic violence, we encourage you to consult with an attorney to get their opinion on your specific case.


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