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.
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.