Is Domestic Violence a Felony or a Misdemeanor in the US?

In 2022, there were more than 1,370,440 cases of domestic violence in the US. Yet only 53.8% of them led to a police report. Although domestic violence can be a felony or a misdemeanor, it depends on the case factors and the repeat nature of the crime. In this article, we will look at what makes domestic violence a felony and what kind of penalties you should expect. So let’s get started!

To start with, let’s look at domestic violence definition and what are the aggravating factors in these cases.

Perpetrators use these actions to intimidate, manipulate, injure, or exert control over their intimate partners. Under 18 U.S.C. § 921, an “intimate partner” is

On average, almost 20 people per minute experience physical violence by an intimate partner in the US. This type of domestic abuse is one of the most common and is a frequent reason for police reports and felony charges. It can include injury, assault, sexual assault, and physical harm.

All types of domestic abuse are illegal. Any of these causes can be grounds for misdemeanor or felony domestic violence.

Of course, it is impossible to say in advance whether such domestic violence is a felony or a misdemeanor. But these factors are aggravating, so the court is more likely to consider this case as a felony.

Now, we’ll explore the differences between misdemeanor and felony domestic violence convictions. Keep reading for an in-depth look at the penalties and legal pathways related to this issue.

Beyond fines and jail time, domestic violence felony impacts child custody. The accused may receive a restraining order prohibiting them from contact with the victim, and in some cases, with their children. Also, non-citizens may face deportation or denial of naturalization. Courts may order offenders to pay restitution to the victim for medical expenses, counseling, and other related costs.

In the US, both federal and state laws regulate home abuse. They indicate that domestic violence is a crime and can be both a felony and a misdemeanor. Let’s take a closer look.

Battery without a visible injury, carrying a potential fine of up to $2,000 and/or 6 months in jail.

The spousal battery doesn’t require an injury to the victim but involves forceful or unwanted physical contact. Penalties can include up to a year in jail, a $2,000 fine, possible time in a batterer’s program for up to 1 year, and a $5,000 payment to a shelter.

Also, in California, there are mandatory domestic violence classes, loss of custody, restraining orders, and possible loss of gun rights for 10 years.

Domestic abuse felony penalties in California include:

Corporal injury charges as a “wobbler” offense can be either a misdemeanor or a felony. In cases of great bodily injury, there are potential extra prison time of 3-5 years, and up to 25 years to life for many felony strikes.

Texas Domestic Violence Penalties

The legal framework for domestic violence in Texas is outlined in Family Code § 71.004. For a first-time domestic violence charge, the offense is usually treated as a misdemeanor. A court can classify it as a Class A misdemeanor, with such penalties:

If there are many convictions for domestic assault, the charge can escalate to a 3rd or 2nd-degree felony. Aggravated assault includes cases where the assault led to serious bodily harm or involved the use of a deadly weapon. The DV felony penalties include:

A 3rd-degree felony also applies when there have been at least two assault charges against a family member within 12 months.

Florida Domestic Violence Penalties

Florida Statute 741.28 defines domestic violence as assault, battery, stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family by another household member. For misdemeanor domestic violence offenses, penalties may include

Felony charges occur in more severe cases, such as those involving serious bodily harm or the use of a deadly weapon. This includes aggravated battery and assault. The penalties for felony domestic battery in Florida include:

Kidnapping in domestic violence cases is a 1st-degree felony, with up to 30 years or life imprisonment. Strangulation is a 3rd-degree felony, with penalties of up to 5 years in prison and a $5,000 fine.

Also, in Florida, an arrest on domestic violence charges means that you cannot post bail until you see a judge (which can take up to 72 hours or more in some cases).

If you’re charged with domestic violence, the first thing you should do is get a criminal defense lawyer. They will handle all communications, gather evidence, represent you in court, and negotiate on your behalf if necessary.

You should also gather any information that might help your case, like messages or emails that tell your side of the story. If anyone saw what happened or knew about your situation, they could also help by telling what they know.

Together with your lawyer, you’ll decide how to beat a domestic violence charge. There are a few ways to defend yourself:

Your lawyer might talk about making a deal with the other side, especially if there’s a lot of evidence against you. This could mean a smaller punishment or a less serious charge.

Also, follow any protective orders or court directives to avoid extra legal complications. Sometimes, going to counseling or anger management classes can be a mitigating factor.

Thus, domestic violence is a felony if it involves weapons, children or the elderly, or the victim is seriously injured, or if the crime occurs on a repeated basis. If it is the first time or a lesser form of abusive behavior, it is likely to be a misdemeanor.

However, laws vary from state to state, so whether you are a victim or a defendant, you should consult a lawyer. They can help you figure out what to do next and protect your rights. Remember, whether domestic violence is a felony or a misdemeanor in your case, having a good lawyer can make a huge difference.