What is the penalty for a third domestic battery charge?

Every state in the nation has laws against domestic assault or battery. People often confuse the two different types of offenses. Assault is when someone threatens another person with the intention and ability of inflicting bodily harm. The crime of battery is the actual physical altercation between two people. Domestic battery is usually prosecuted as a misdemeanor offense, unless there are aggravating circumstances, such as harming a minor child or using a deadly weapon.

Harming Another Household Member

Domestic violence is defined as harming any individual who currently resides in a common household. Each state has their own specific laws as to what constitutes domestic violence. Individuals that can be considered victims of domestic battery may include the following:

• Any individual who has a child in common with the victim
• People who are involved in a dating relationship
• A parent, sibling, child or any other relative who is staying in the house at the time of the incident
• The person’s spouse or former spouse

When the police respond to an emergency call regarding a domestic violence situation, they will interview all of the parties involved, including any witnesses that were present at the time. Once they make a determination as to who the offender is, they will promptly be cuffed and booked into county jail.

Penalties For Third Battery Offense

Although the penalties for a domestic battery conviction can vary greatly in each state, first-time offenders will typically be given probation or entered into a domestic violence diversion program. A defendant that is convicted for subsequent offenses may face the following penalties:

• Second Battery Conviction—Fines ranging from $500 to $2,500, jail time from 30 days to 1 year and charged as a misdemeanor offense. If there are aggravating circumstances, such as serious bodily injures or the victim was a child or elderly person, the District Attorney can charge them with a felony offense.
• Third Battery Conviction—Anyone who commits domestic battery within a certain period of time, such as 5 years from the date of their last conviction, will be charged with a felony crime. Fines can range from $1,000 to $5,000 and they will face a possible sentence of 1 to 5 years in state prison.

Getting the Charges Reduced

Some states allow officers to make a warrantless arrest when called to the scene of a domestic violence situation. This means that the cops don’t have to witness the incident. They can just take the word of one party over another, which becomes a “he said”, “she said” situation. Often times angry spouses may allege abuse when none occurred. When you hire a criminal defense attorney, they will have professionals investigate what actually happened and may be able to get the charges reduced or eliminated altogether.