Domestic Violence vs. Assault: The Key Differences

Regular assault/battery and domestic assault/battery are both considered crimes.

State law primarily governs assault and battery cases. And the state where the alleged incident took place will typically have jurisdiction over the matter.

If you’re facing a regular assault/battery charge or a domestic assault/battery charge, that doesn’t have to mean a conviction.

A criminal defense attorney is usually essential. Based on the details and location of your case, they can help you understand your options and develop a strong defense strategy.

How a case is handled, as well as the availability of plea deals and legal defenses, is highly case-specific. And specific definitions, classifications, and penalties can vary from one state to another.

However, the key differences between regular assault/battery and domestic assault/battery are consistent.

Key Differences

Although the law also recognizes civil claims for assault and battery (and domestic violence), our focus here is on criminal matters.

Regular (Simple) Assault and Battery

The crime of assault generally involves either:

• An attempt to cause physical harm (sometimes called "bodily injury") to another person
• A threatening action that causes someone to fear immediate harm

Battery refers to the actual physical contact or harm.

For example, if someone raises their fist and threatens to punch you, that could be considered assault. If they follow through and actually hit you, then it becomes a battery.

Some jurisdictions combine these into a single charge of "assault and battery," while others keep them as separate offenses.

In the legal setting, we typically refer to regular assault and battery as “simple” assault or battery.

Domestic Assault and Battery

Domestic assault/battery is similar to regular assault and battery. But it occurs within intimate relationships and is a form of domestic violence.

States differ in how they define relationships that qualify for domestic violence charges.

They can include:

• Spouses or former spouses
• Co-parents
• Intimate/dating partners or former partners
• Family members, including children
• Cohabitants/household members

 So, if someone hits their spouse, or threatens their former partner, the state regards these incidents as domestic violence crimes rather than simple assault or battery offenses.

Felonies vs. Misdemeanors

There are both felony and misdemeanor charges for regular assault/battery and domestic assault/battery.

Misdemeanors are less severe crimes, usually punishable by lesser penalties. More serious crimes are typically charged as felonies.

Whether the state charges an assault/battery as a felony or misdemeanor depends on several factors. They can include:

• The accused’s criminal history
• State law
• Presence of children
• Unintentional vs. intentional harm  
• Involvement of weapons

When classifying a charge for alleged domestic assault/battery, the prosecutor and courts tend to consider the relationship between the parties. This generally doesn’t happen in regular assault/battery cases.

Degrees of Severity

Many states use degree systems or something similar for criminal charges. They usually range from first-degree/second-degree (most severe) offenses to third-degree/fourth-degree (least severe) offenses.

Lower degrees are typically misdemeanors, while higher degrees are often felonies. The degree of the charge can significantly affect potential penalties and long-term consequences.

Prosecutors often have discretion in deciding which degree to charge based on the specific circumstances of the case. This includes consideration of factors similar to those (above) used for classifying a charge as a felony or misdemeanor.

Some states have separate statutes for domestic violence with their own degree system.

Other states may use different terminology, such as "Class A, B, C" misdemeanors or felonies instead of degrees, but their significance is the same.

Some jurisdictions might also use terms like "aggravated" instead of, or in addition to, degrees. In these states, domestic violence is often an aggravating factor to regular charges.

In California, for example, the use of a deadly weapon is an aggravating factor. This is because it’s likely to cause great physical injury. The domestic aspect of an incident is also an aggravating factor.

As a result, domestic assault with a deadly weapon would likely be charged as felony assault in California. This aggravated assault charge is more severe than a battery charge, even though no bodily harm occurred.

It's important to note that while a degree-type system is common, it's not universal. You will always want to review the specific laws in the relevant jurisdiction to understand your charges and, more importantly, how to proceed.

Penalties

Most jurisdictions punish domestic assault and battery more severely than simple assault and battery between strangers or acquaintances. This is because lawmakers and prosecutors view them as especially harmful since they can involve an abuse of trust in close relationships.

For example, a first offense of basic assault might carry penalties of:

• Up to six months in jail
• Fines of $500 to $1,000
• Probation
• Mandatory anger management classes 

But a first offense of domestic assault could mean:

• One to five years in prison
• Fines of $1,000 to $5,000
• Longer probation periods
• Mandatory batterer intervention programs 

 Similarly, repeat convictions of domestic violence usually face much harsher punishments than repeat basic assaults.

Mandatory Arrest Policies

Many states require police to make an arrest if they have probable cause to believe domestic violence occurred. This is rarely the case for simple assault and battery.

These mandatory arrest laws were created to protect victims of domestic abuse.

In the past, police often treated domestic violence as a private family matter. Now, they must generally take action to separate the accused from the alleged victim.

Protective Orders

With domestic assault or battery charges, courts usually issue an automatic no-contact order. This is a type of protective order. It prevents the accused from contacting or going near the alleged victim while the case is ongoing.

No-contact orders are less common in basic assault cases unless specifically requested by the victim.

Violating these orders is a separate crime with its own penalties.

Gun Ownership Restrictions

Federal law often prohibits those convicted of domestic violence from owning firearms. This ban lasts for life in most cases.

People convicted of basic assault and battery don't generally lose their gun rights, though it can happen in some cases.

Immigration Consequences

Federal immigration law has specific provisions addressing domestic violence.

As a result, a conviction for domestic violence can trigger mandatory immigration restrictions, including deportation of a non-citizen. This can apply even if the person convicted is a lawful permanent resident (green card holder).

On the other hand, federal immigration law doesn’t specifically address simple assault/battery. Still, certain basic assault/battery convictions can lead to immigration consequences.

Two major categories of simple assault/battery that can trigger severe immigration consequences are:

• Crimes involving moral turpitude
• Aggravated felonies

The specific penalties that can apply, however, are highly case-specific. They also depend heavily on the laws in the state with jurisdiction over the matter.

Child Custody Arrangements

In family court, a domestic violence conviction can significantly impact child custody and visitation rights.

Conversely, a basic assault conviction generally carries less weight in these decisions. But, it still may be considered.

Employment Consequences

Many organizations have policies against hiring people with domestic violence convictions. It's true that any violent crime can hurt job prospects. However, employers may view a domestic violence conviction more harshly.

Specific Charges

Some jurisdictions have domestic violence statutes with specific charges like "domestic assault" or "spousal abuse."

Others may use general assault laws with sentencing enhancements for domestic relationships. And some states use a combination of both approaches.

But for simple assault/battery, the relevant jurisdiction’s general assault statutes apply.

Specialized Courts

Some states have courts that only handle domestic violence cases. These courts often have judges and staff with special training in domestic abuse issues.

Regular assault and battery cases are usually handled in regular criminal courts.

Prosecution Without Victim Cooperation

Prosecutors often pursue domestic violence cases even if the alleged victim doesn't want to press charges or testify. In such cases, they try to prove that the allegations are true using evidence like:

• 911 calls
• Photos of injuries
• Testimony from police officers

But in simple assault cases, it's more common for charges to be dropped if the victim doesn't cooperate.

Treatment Programs

People convicted of domestic violence are often required to complete specialized batterer intervention programs. These long-term programs focus on changing abusive behaviors and beliefs.

For basic assault, anger management classes might be required, but they're usually shorter and less intensive.

Public Records

A domestic violence conviction can also have a more significant impact on a person's public record. It may show up on background checks more prominently than basic assault convictions.

This can affect housing applications, volunteer opportunities, and other situations where background checks are performed.

Simple assault/battery differs from domestic assault/battery in many more ways. Some include:

• Resource allocation
• Victim advocacy
• Repeat offender laws

Legal Defenses

You may be able to assert several legal defenses to challenge your charges and penalties. The effectiveness and availability of defenses turn on the specific facts, evidence, and jurisdiction for each case.

But if successful, there may be no conviction at all.

For example, self-defense may shield a defendant from conviction if their actions were necessary for self-protection. Depending on the facts in your case, this may be a strong defense for you.

Other defenses that may apply for both types of assault/battery cases can include:

• Lack of evidence
• False accusations
• Accident
• Provocation

 The actual legal defenses don't differ based on whether the charge is simple or domestic assault/battery.

The main distinctions lie in how these defenses might be perceived, applied, or challenged in court.

Plea Bargaining

The overwhelming majority of criminal cases in the U.S. are resolved through plea bargains.

Simple and domestic assault/battery cases are no exception.

Your criminal defense attorney can play a critical role in negotiating a plea agreement on your behalf with the prosecution. For example, they may seek to reduce your charge from a felony to a misdemeanor. They can also help you avoid jail time and otherwise advocate for lower penalties in a plea deal.

Need Help Getting Started?

A qualified criminal defense attorney will be instrumental in securing the best possible outcome for your case. Familiarity with the relevant laws, charges, penalties, and legal defenses is paramount. So, you want to find a lawyer licensed in the state bringing the charges against you.

To make this task a bit less overwhelming, Findlaw’s directory of criminal defense attorneys is organized by state. You'll be able to view the contact information of several local lawyers who can help you.

With the possibility of a looming conviction, your attorney will be your most important ally. Choose wisely, and make sure you select someone with whom you’re comfortable confidentially discussing your case.