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.
Domestic violence is abusive behavior in a relationship, aimed to gain or maintain control over an intimate partner. It includes physical, sexual, emotional, economic, psychological, and technological abuse.
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
All types of domestic abuse are illegal. Any of these causes can be grounds for misdemeanor or felony domestic violence.
The court may classify domestic violence as a felony if
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.
Under U.S. law, domestic violence is a misdemeanor when there are less severe acts of abuse or first-time offenses. It includes actions like:
In cases of misdemeanor domestic violence, the penalties often include up to 1 year in jail, around $1,000 in fines, and mandatory counseling programs for 1-2 years. It is worth noting that the victim may also claim compensation for emotional distress, which will entail extra costs besides the fees.
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.
The key federal laws that provide legal grounds for domestic violence charges are
Established in 1994, VAWA created and funded programs to protect and support victims of domestic violence, sexual assault, and stalking. It also extended the legal protection to unmarried partners. This law includes funding for victim support services, legal aid, and law enforcement training. VAWA also allows for federal prosecution of interstate domestic violence and stalking.
Enacted in 1984, FVPSA is the primary federal funding source for domestic violence programs and services. This law provides funding for emergency shelters, crisis hotlines, and related help for victims and their children.
Gun Control Act restricts firearm possession among individuals convicted of felony domestic assault. This also applies to persons under restraining orders. It makes it unlawful for such individuals to own firearms.
In the United States, each state has its domestic violence or related criminal laws. They allow courts to give protective orders to keep abusers away from victims. In many states, police have the right to arrest a person if there is probable cause to believe that they have committed domestic violence. Let’s analyze the laws of a few states in more detail.
California doesn’t have one specific law on domestic violence. But, there are some related criminal offenses, such as corporal injury under Penal Code 273.5. Here are misdemeanor DV penalties in California:
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.
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 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).
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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.
It all depends on the type of charge. For example, for a serious sexual assault, there is only a 2% chance that the accused will not face any punishment, while for an aggravated assault, there is a 13% chance. Of course, the odds of dismissing a case with lighter charges increase, but most incidents don’t even go to trial (the percentage of domestic violence cases that are not reported to the police is 46.2% in 2022).
For misdemeanor domestic violence, the jail term is up to 1 year. However, for a felony, the average sentence is 6 years.
Felony domestic violence usually happens when someone causes serious injuries, uses a weapon, sexually abuses someone, harms children or the elderly, or repeatedly commits domestic violence. These severe actions make the crime a felony.
It depends on the state’s jurisdiction where the conviction takes place. However, on average, the maximum term is 10 years.
