Is Domestic Violence a Felony or Misdemeanor?

Most domestic violence cases are state-level crimes. This makes the penal code in the state of the incident very important. A penal code is a set of criminal laws. It defines offenses and outlines their corresponding punishments.

Understanding the relevant penal code is critical to any criminal case. It allows a criminal defense attorney to strategize and effectively defend their client. This often involves negotiating a plea bargain to reduce charges and penalties.

The laws, punishments, and legal defenses for domestic violence can vary among the states. Still, they are based on shared legal principles.

In this article, we explore factors relevant to determining domestic violence charges as well as penalties and legal defenses for the accused.

What Is Domestic Violence?

Generally, domestic violence offenses involve one or more of the following acts of violence:

• Physical abuse
• Sexual assault
• Domestic assault
• Emotional abuse
• Domestic battery
• Threats of violence
• Child abuse
• Child endangerment

Child endangerment is when someone puts a child in a situation that could harm their health, safety, or welfare. Many states' criminal laws categorize it as domestic violence if it happens within the family or home.

Who Qualifies as a Victim of Domestic Violence?

Each state or jurisdiction may have slightly different legal definitions of who qualifies as an alleged victim of domestic violence. They can include:

• Current or former spouse or intimate partner
• Current or former cohabitant or household member
• Current or former dating partner
• Co-parent
• Family members

Many states include parents, children, siblings, grandparents, and in-laws as family members.

Felony or Misdemeanor?

Defendants may face felony or misdemeanor charges for domestic violence allegations. Felonies are more serious crimes. Misdemeanors are less severe offenses.

Not surprisingly, felonies carry harsher punishments than misdemeanors. For example, a felony charge could mean longer sentences for incarceration and higher fines.

But even misdemeanors can have serious consequences. A misdemeanor domestic violence conviction may affect things like gun ownership rights and immigration status.

Relevant Factors for Classifying Domestic Violence Charges

Whether the charge is a felony or misdemeanor depends on several factors. They include:

• Jurisdiction: State laws classifying domestic violence offenses vary. The state where the incident happened has jurisdiction over the case.
• Severity of the offense: States classify more serious incidents as felonies. Severity turns on the facts, including whether serious bodily injury happened.
• Prior convictions: Prosecutors and courts tend to consider the defendant's criminal history. Repeat offenders may face felony charges for a misdemeanor.
• Weapons: Use of a deadly weapon often results in a felony charge. The involvement of a firearm increases the potential for physical injury.
• Extent of injuries: Domestic violence that causes severe bodily injury will usually result in a felony charge. The state imposes harsher charges for these incidents to deter them.
• Violation of protective orders: This can elevate the charge to a felony in some states. Courts often view this as disregard for the law and judicial authority.

The presence of children during an incident can also elevate criminal charges.

Still, the crimes pursued by prosecutors will turn on the specific case facts and jurisdiction.

Wobbler Offenses

Some states recognize "wobbler" offenses. These are acts that may get charged as felony offenses or misdemeanor offenses.

In these states, the prosecutor, district attorney, or judge determines the charge at their discretion. They base their decisions on state law and the specifics of each case.

Plea Bargains

Sometimes, the state reduces felony charges to misdemeanor charges as part of a plea bargain. Most criminal cases in this country end in plea agreements before trial.

Felony Penalties vs. Misdemeanor Penalties

The consequences for domestic violence felony and misdemeanor convictions can differ greatly. Both might involve jail time, fines, and other punishments. But consequences are harsher for felonies.

Misdemeanor Penalties

Typical consequences for misdemeanor domestic violence can include:

• Jail time (usually up to one year in county jail)
• Fines (generally $1,000-$5,000)
• Probation (typically one to three years)
• Mandatory counseling or batterer's intervention programs
• Restraining orders
• Loss of firearm rights
• Impact on child custody arrangements
• Immigration consequences for non-citizens 

Like misdemeanors, the punishments for felony domestic violence convictions vary by state. The states have different domestic violence laws. They may also have their own sentencing guidelines.

Felony Penalties

Felony convictions generally affect defendants' lives more severely than misdemeanors.

States often punish domestic violence felony convictions with:

• Prison sentences ranging from one to several years in state prison
• Fines of $5,000 or more
• Longer probation periods, usually at least three to five years
• Mandatory counseling or batterer's intervention programs
• Restraining orders
• Permanent loss of firearm rights
• More severe impact on child custody arrangements
• More serious immigration consequences, including deportation
• Loss of voting rights in many states

A felony conviction can also make it difficult to find employment or housing. In some states, it can result in the loss of certain professional licenses.

Criminal History

Remember that a defendant's criminal record can affect penalties.

Multiple misdemeanor convictions may lead to felony charges for later misdemeanors. This most commonly happens for convictions of similar criminal offenses. Some states may also consider a criminal record of convictions for non-similar offenses. Many states also impose lighter sentences for first offenses or first-time offenders.

This, of course, depends on the laws and guidelines of the jurisdiction.

Legal Defenses

Several legal defenses may be available to someone facing domestic abuse or violence charges. If successful, there may be no domestic violence crime conviction at all.

For example, self-defense may shield a defendant from conviction if their actions were necessary for self-protection.

Other defenses can include:

• Lack of evidence
• False accusations
• Accident
• Provocation

The effectiveness of these and other available defenses hinges on the specific facts, evidence, and jurisdiction for each case.

Federal Domestic Violence Laws

Some federal laws deal with certain circumstances or aspects of these cases. For example, the federal  Violence Against Women Act (VAWA) has funds for victims, prevention programs, and prosecution tools. Federal law also says that states must enforce other states' protective orders.

Other federal laws ban:

• Domestic violence on Indigenous people's reservations
• Crossing state lines to violate a protective order
• Crossing state lines to commit domestic violence
• Domestic violence in the armed forces

These are a few examples that may be relevant in these cases.

Getting Legal Help

If you're facing felony or misdemeanor domestic violence charges, it's important to know which state and federal laws apply. A criminal defense lawyer can help you understand your options. Make sure they're licensed in the state of the alleged incident so they can identify the defenses available to you.