A traumatic injury in a domestic violence case in the state of Idaho can make the difference in whether you are charged with a misdemeanor or a felony offense. If there is a “traumatic injury” resulting from domestic violence, then you could face a felony charge and conviction. When we think of a traumatic injury, we generally think of an extremely severe injury. However, pursuant to Idaho Criminal Code § 18-918(1)(b), a traumatic injury is defined as a “condition of the body, such as a wound or external or internal injury, whether of a minor or serious nature, caused by physical force.” This means that something as relatively minor as pushing someone who is a household member away from you could result in felony charges if the person fell and scraped their arm or received a bruise because of the push.
Essentially, any injury, no matter how minor, could potentially be considered a traumatic injury. This means even though the injuries that result from a domestic violence incident are not severe, you could still be charged with a felony offense. If convicted very serious penalties can result. A criminal defense attorney can try and build a case and defenses to get your charges reduced to a misdemeanor or dismissed. This can be much more difficult if this is not your first arrest for domestic violence or if you have a significant criminal history.
What are the Potential Charges for Domestic Battery with Traumatic Injury?
When you are charged with domestic battery with traumatic injury in the state of Idaho, and this is your first felony domestic violence you could face a prison sentence of up to five years, and a fine of up to $5000, or both. If the offense was committed in the presence of children, these penalties can be doubled. Subsequent domestic violence charges after a felony offense can result in even more severe consequences.
How Can an Experienced Idaho Criminal Defense Attorney from Cutler Law Office, P.A. Help?
If you are charged with domestic battery with traumatic injury, you need immediate help from an experienced criminal defense attorney. John Cutler has been helping people in difficult situations for going on three decades. One of the goals of Cutler Law Office P.A. is to always do criminal defense right. Attorney John Cutler will fully dig into the discovery and facts of your case, listening to you, researching the facts, and fully investigating your case. He will then develop a plan of action, helping guide you in making necessary decisions that will result in the best outcome possible whether that is a negotiated plea agreement or a trial. Whether you are in Idaho Falls, Blackfoot, Rigby, St. Anthony, Rexburg, Driggs, Arco, Victor, or Island Park, attorney John Cutler will help you through this difficult time in your life. Contact the Cutler Law Office, P.A. today.
