Battery is a serious offense, and even if there are no injuries involved, you face a punishment of up to six months in jail. Since 2003, we’ve represented clients – just like you – with our lead attorney’s 30+ years of experience as a domestic violence lawyer in Rexburg.
False accusations cause lifelong ramifications, especially if the battery led to a traumatic injury.
Your attorney will work on uncovering the facts and building a strong defense for your case. An acquittal is optimal, but if that is not possible, we’ll work to mitigate these penalties.
Domestic Battery Case Illustration
Domestic violence and battery sound similar, but they’re legally different. For example, you and your spouse go to Smith Park. An argument ensues, and before you know it, your spouse says something, and you slap him.
You just had your nails done, and you left very minor scratches on his face.
In this case, you may be involved in a case of domestic battery because of your relationship.
Striking is not the only form of battery. Unlawful touching is also considered domestic battery.
Domestic Battery Case/Law Facts and Statistics
Domestic battery is part of Idaho Statutes, Section 18-918. The law outlines that these charges come with:
- Up to six months in jail (no injuries)
- Up to five years in prison if it is a felony domestic battery, plus up to $5,000 in fines
If a child witnesses a battery, the punishment may double.
Additional stats include:
- 5,723 cases of domestic partner violence state-wide
- 9% decrease in domestic partner violence in the past 5 years
What Is Domestic Violence Versus Domestic Battery?
Domestic violence. Domestic battery. What’s the difference? Battery falls under the classification of domestic violence and includes:
- Striking
- Unlawful touching
Domestic violence includes domestic battery, but it can also include assault.
What Are the Potential Penalties for Domestic Battery Charges?
A domestic violence Lawyer in Rexburg will work diligently to try and reduce the penalties you face, which include:
- Six months in jail; Up to $1,000 fine; Misdemeanor charge
- Five years in prison; Up to $5,000 fine; Felony charge
If the battery occurs in the presence of a person under 16 years of age, the punishment can double. Second offenses may be harsher.
How Do I Protect Myself If It Is a False Accusation?
If you’re being threatened with a false domestic battery charge, there are several steps you can take to protect yourself:
- Call an attorney – actions can be taken to limit the contact between you and the accuser
- Stay calm and do not engage in verbal or physical altercations
- Keep records of any incidents or threats
- Gather evidence that will support your side of the case
What Information Do I Need to Provide for My Attorney?
In order to build a strong defense and achieve the best possible outcome in your case, your attorney will want to know every detail about what happened.
If possible, write down everything you can remember about the circumstances, including:
- What transpired from your perspective
- The events that led up to the situation
- Any witnesses that may have been present
If applicable, you should also provide your attorney with:
- Arrest and bail documents
- Police reports
- Witness contact information
- Any other documents that contain relevant evidence
The more information you can provide, the better. Your attorney will need to gather as much evidence as possible to build your defense. Any documents and information you can provide will benefit your case.
How a Domestic Violence Attorney from Cutler Law Office Can Help You
If you’re facing domestic violence charges, having an experienced criminal attorney on your side is crucial. You’re facing hefty fines, potential jail time and damage to your reputation.
An experienced attorney will:
Protect Your Constitutional Rights
Your attorney will help you navigate complex legal procedures and ensure your rights are protected every step of the way, including your right to:
- Remain silent
- Receive a fair trial
- Prevent self-incrimination
They will also explain the charges against you, the potential penalties you face and the next steps to take in your case.
Build a Strong Defense
A skilled and experienced attorney will gather evidence and identify weaknesses in the prosecutor’s case to build a strong defense.
This may involve:
- Examining physical evidence
- Interviewing witnesses
- Reviewing police reports
The aim is to minimize or dismiss the charges against you.
Negotiate with Prosecutors
Depending on the circumstances of your case, your attorney may be able to negotiate with prosecutors to reach a favorable plea agreement. This may result in reduced penalties or charges, which can lessen the impact of a conviction on your life and future.
Your attorney will advocate on your behalf to ensure that the agreement is in your best interest.
Represent You in Court
One of the most important ways an attorney can help you is to represent you in court. They will serve as your advocate throughout the entire process, from hearings to trial proceedings, cross-examination and beyond.
If you’re facing domestic battery charges in Rexburg, Blackfoot, Rigby, St. Anthony, Idaho Falls, Arco or Island Park, it is critical to contact an experienced criminal defense attorney as soon as possible. The consequences of a conviction are far-reaching and life-changing.
Cutler Law Office has been representing clients facing criminal charges for more than two decades. Attorney John Cutler worked as a prosecutor before becoming a domestic violence lawyer in Rexburg. His experience on both sides of the table allows him to build strong cases for clients.
Contact Cutler Law Office today to discuss your case and find the best path forward.
