Published by Schmidt & Clark, LLP is not currently accepting these types of cases and has posted this content for information purposes only. We encourage you to seek a qualified attorney, if you feel you might have a case.
2 Types of Domestic Violence Crimes
In most states, there are 2 types of domestic violence crimes that you can be charged with.
- Domestic Battery - “Battery” committed against a person with whom you have an intimate relationship, which is the least serious, or
- Corporal Injury To A Spouse or Co-Habitant - Willfully inflicting corporal injury resulting in a traumatic condition on a victim.
What Is the Difference Between Domestic Battery and Corporal Injury?
The difference between domestic battery and corporal injury to a spouse or co-habitant is that corporal injury means there was a physical injury inflicted. This means that the crime of corporal injury to a spouse is a type of domestic violence offense.
Corporal Injury Examples
The physical injuries resulting from corporal injuries are typically visible, but could also include internal injuries, such as internal bleeding. Examples of injuries that would be considered corporal injury include:
- Bruising
- Broken bones
- Black eye
- Severe abrasions
- Swelling
- Head trauma
- Broken nose
- Concussion
Penalties for Misdemeanor Domestic Violence
If charged with domestic battery, in most cases you will be required to pay a fine of $2000 and/ or serve a jail sentence of up to 1 year.
An attorney could get spousal battery charges reduced to lower or no jail time and fines. If the court agrees to no jail time, it might grant a probationary sentence, which might also include counseling.
Penalties for Felony Domestic Violence
If you are charged with felony domestic violence, you will serve up to 4 years in state prison. However, the sentence could be significantly longer, depending on the seriousness of the injuries you caused. You will also have to undergo mandatory domestic violence classes.
Additionally, if you have other acts of domestic violence on your records such as sexual assault, assault with a weapon, or attempted assault, you may receive a longer sentence and be required to pay bigger fines. Other factors in your criminal history may affect your sentence as well.
FAQs
What are the common defenses against domestic battery charges?
Common defenses against domestic battery charges include self-defense, false accusations, lack of evidence, and consent. It's crucial to consult a legal expert to navigate these defenses effectively and ensure a fair trial.
How can domestic battery charges affect child custody cases?
Domestic battery charges can significantly impact child custody cases, often resulting in restricted visitation rights or loss of custody. Courts prioritize the child's safety, making it essential to address these charges promptly with legal assistance.
What is the difference between domestic battery and domestic violence?
Domestic battery specifically refers to physical harm or unlawful touching between domestic partners, while domestic violence encompasses a broader range of abusive behaviors, including emotional, psychological, and financial abuse.
Can domestic battery charges be expunged from your record?
Expungement of domestic battery charges varies by state and depends on the case's specifics. Generally, a clean record post-conviction and completing all sentencing requirements may qualify one for expungement. Legal guidance is recommended.
Related Articles:
Get a Free Lawsuit Evaluation With Our Lawyers
The Product Liability Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in lawsuits. We are handling individual litigation nationwide and currently accepting new legal challenges in all 50 states.
If you or a loved one was injured, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.