Domestic violence refers to violence or abuse that occurs within intimate relationships. It can encompass physical, sexual, emotional, economic or psychological abuse. Domestic violence is a serious crime that affects millions of people each year, with 85% of victims women. However, whether it is charged as a felony or misdemeanor depends on the circumstances of each case.
What Makes An Offense A Felony?
In the United States, crimes are classified as either misdemeanors or felonies. Misdemeanors are considered less serious offenses, while felonies are more serious crimes that can result in over a year in prison.
The main factors that determine whether a crime is a felony are:
- The type of offense
- The circumstances and severity of the crime
- The state or jurisdiction where the crime occurred
Felonies are divided into different classes, such as Class A, B, C or D felonies. The class determines how severely the crime will be punished, with Class A felonies receiving the harshest sentences.
When Is Domestic Violence Charged As A Felony?
Not all domestic violence cases are charged as felonies. In many states, domestic violence is divided into misdemeanor and felony categories:
Misdemeanor domestic violence may involve relatively minor assaults without severe bodily injury.
Felony domestic violence typically involves aggravating factors like the use of a deadly weapon, trauma or serious bodily injury, prior domestic violence convictions, or violence against pregnant women or other vulnerable victims.
Other common felony charges in domestic violence cases are aggravated assault, battery with a deadly weapon, kidnapping and false imprisonment. Strangulation or suffocation is also increasingly charged as a felony in many states due to its lethality.
Factors That Determine Felony Charges
Prosecutors determine what felony or misdemeanor charges, if any, to file based on evidence and policies in their jurisdiction. Factors that make felony charges more likely include:
- Severity of injury to the victim
- Use of weapons or dangerous objects
- History of abuse or previous criminal record
- Evidence like eyewitness accounts or medical records
- Vulnerable status of the victim
- Violation of a protective order
Felony charges allow prosecutors to seek longer prison sentences upon conviction due to the serious nature of the crime. However, misdemeanor charges may still result in up to a year in jail in many states.
The Effects Of A Felony Conviction
A felony conviction for domestic violence can result in over a year in state prison. Other consequences include:
- A permanent criminal record
- Long-term probation or parole
- Bans on firearm possession
- Losing certain civil rights like voting
- Difficulty finding employment
- Immigration consequences if not a citizen
A Wrongful Domestic Violence Accusation
Studies show that around 8%-10% of people are falsely accused of domestic violence. Accusations may be made during a contentious child custody case or for other malicious reasons. The most important thing you can do if you are accused of domestic violence is seek legal help from an experienced domestic violence lawyer.
While not all domestic violence rises to the felony level, felony charges are warranted for the most dangerous and harmful cases. The punishment reflects the severity of the crime.
