What Is Domestic Battery?
Certain acts of violence, especially domestic violence, maybe aggressively prosecuted. When an act of violence has been allegedly committed against household members Idaho criminal law allows for harsh penalties upon conviction. A household member has been defined to include a spouse, x-spouse, a person with whom you have a child in common or a person you cohabitate with. Assault is generally considered the threat of violence. If the assault does not involve a weapon, it will generally be classified as a misdemeanor. If it does involve a weapon, it will be a felony.
Battery involves actual physical contact, like hitting, slapping, kicking, etc. Battery Not Resulting in Traumatic Injury may be charged with misdemeanor domestic battery, while Battery Resulting in Traumatic Injury will be charged with felony domestic battery. Traumatic injury means a condition of the body—like an internal injury or broken bone—that is the result of physical force. A Traumatic injury can be as simple as a bruise. See State v. Hart, 135 Idaho 827, 25 P.3d. 850 (2001).
If the individual had a prior conviction of felony domestic battery and is found guilty of any domestic battery or assault (with or without traumatic injury) within 15 years of the original felony conviction, that individual will be charged with a felony offense even if it would have otherwise been a misdemeanor.
Facts and Statistics Regarding Domestic Battery in Idaho
According to data collected from the Idaho state and local law enforcement agencies, the rate of domestic violence remained fairly stable between 2015 and 2020. The pandemic, however, appeared to increase the number of domestic violence incidents, perhaps because families were cooped up at home together for long periods of time. In 2020, 21,608 victims of domestic violence were served by domestic violence shelters and other programs. Hispanic and Latino individuals reported a higher victimization rate than the general population where domestic violence was concerned, with 7.93 reports per 1,000 Hispanic/Latino residents. So, even though Hispanics/Latinos made up only about 13 percent of Idaho’s population, they accounted for 33.3 percent of the reported cases of domestic violence.
What Does a Domestic Battery Lawyer Do—And Do I Really Need One?
You may wonder whether you should hire an Idaho Falls domestic battery lawyer to represent you after being charged with this offense. You may feel that the alleged victim may not press charges, so the situation is not really all that serious. You should know that a conviction for domestic violence does not necessarily require the victim to testify against you—although the prosecutor would certainly prefer that. Once charges are filed, the victim does not have the power to have those charges dropped.
The state prosecutor’s job is to prosecute you for domestic battery, and they will do this aggressively. A conviction for domestic battery can have lots of severe collateral consequences in addition to the criminal penalties you face. Having a highly skilled Idaho Falls domestic battery lawyer by your side can help minimize the consequences of your arrest and obtain the best resolution to your charges. Domestic violence cases are virtually always adversarial proceedings that can take a significant amount of time to resolve.
Your domestic violence attorney will conduct a comprehensive investigation, review all the facts, then present your side of the story. After your attorney has all the facts and evidence, along with your account of what happened, they will help you make the decision of whether to go to trial or not. Your attorney can also negotiate with the prosecutor, with the goal of having your charges reduced, or even dropped. Your attorney will be able to see whether there are any “holes” in the prosecutor’s case and can use those discrepancies to achieve a favorable plea deal or trial. Your Idaho Falls domestic battery lawyer will also talk to those who know you and the alleged victim to determine whether the victim’s account of the incident may have been exaggerated or blown out of proportion.
Discovery materials that you might not be able to secure on your own—including police reports and witness statements—can more easily be obtained by your attorney. Additional information including police body camera footage, video surveillance, and 911 emergency calls may be used to prove your innocence. Police reports may contain errors or exaggerated information and your attorney will be able to detect this and use it on your behalf.
If an order of civil protection was taken out against you, your Idaho Falls domestic battery lawyer will address this issue. These orders of protection can have a profound and lasting impact on your life, preventing you from having contact with the alleged victim, your children, and even from returning to your family home. Your attorney will be your liaison with all the decision-makers who need to hear your side of the story. A domestic battery lawyer will represent you in court, filing motions on your behalf, and arguing your case if it goes to trial.
Courtrooms tend to be fast-paced, requiring an attorney who knows this area of law and can quickly make an objection when necessary or question witnesses in a way that will determine the truth of the matter. Once you have a domestic battery lawyer on your side, he or she will inform you of your legal rights, then guide you through the judicial process, contesting orders of protection, and working to get your case resolved without incarceration and potentially even without a criminal record.
Are There Different Types of Domestic Violence Cases?
There are different types of domestic violence cases in the state of Idaho, including:
- Domestic assault includes an attempt or threat to injure another person who is a household member—with the ability to carry through on that threat. The threat to injure or attempt to injure must be done in a way that creates well-founded fear for another person.
- Domestic battery requires the actual use of force against another individual who is a household member, including intentionally striking or unlawful touching in an unwanted manner against his or her will, or intentionally causing bodily harm to another individual.
- Attempted strangulation is detailed under Idaho Code Section 18-923 and involves intentionally choking or attempting to strangle a household member or a person with whom they have a dating relationship. Injury is not necessarily required to prove attempted strangulation.
- Traumatic injury means either an internal or external injury that is the result of your violent act against a person in your household, although the injury could be as minor as a bruise or serious to be considered traumatic since the definition of “traumatic” is fairly vague.
The classification of your particular domestic violence criminal offense can be important as it has a significant effect on whether you will be charged with a misdemeanor or felony, as well as the penalties you will face.
What Are the Defenses to Domestic Battery Charges?
The defense your domestic battery lawyer will use on your behalf will depend on the facts and circumstances surrounding your charges. Some of the most commonly used defenses to this crime include:
- Actual innocence. You did not commit the domestic battery; perhaps it was done by another person, or perhaps the alleged victim is not being truthful as a means of gaining an advantage for a child custody issue or divorce.
- The injury was due to an accident. You were there when the injury occurred, but you unintentionally caused the injury. As an example, if your story is that you were working on a kitchen remodel when your hammer slipped out of your hand and hit your spouse, your attorney will have to prove the plausibility of this story.
- Self-defense. You were simply trying to defend yourself or your children from the other person’s aggressive actions.
- The incident simply cannot be proven beyond a reasonable doubt. Perhaps the alleged victim will not testify, leaving very little proof of the allegations against you.
- There were serious investigative errors on the part of the police. Perhaps the police interrogated you even after you asked to speak to a lawyer, failed to read you your Miranda Rights, or had no probable cause to conduct a search or interrogation. Maybe you were not allowed to provide your account of the events before you were arrested, or there is physical evidence that would have proved your innocence. Whatever the situation, your domestic battery lawyer from Cutler Law Office, P.A. will present the best defense possible for your situation.
What are the sentences for a Domestic Battery in Idaho?
- For a felony, penalties start with up to 5 years in prison and/or up to a $5000 fine or both fines and prison
- For a misdemeanor, penalties start at up to 6 months in jail and/or up to $1,000 in fines
- For second offenses and other enhancements, the penalties can be increased.
- If domestic violence occurred in the presence of a child under 16 years of age, the maximum penalties can be enhanced. In addition, the victim of the alleged violence will have the option to seek a protective order against the accused. Because of this potential penalty, it is an unfortunate reality that some domestic violence charges arise fraudulently or are initiated by a spouse who is trying to gain the upper hand in a divorce or child custody battle.
Call Our Idaho Falls Criminal Defense Attorney Today
If you were arrested for domestic violence, we fully understand the gravity of your situation. We proudly represent both men and women who have been charged with misdemeanor or felony domestic battery. A skilled Idaho Falls criminal defense lawyer from our firm can provide an effective defense on your behalf in all levels of state and federal courts in Idaho.
John Cutler is a former deputy prosecutor with more than 30 years of experience in criminal law. We can utilize his unique insight into the law to create a compelling defense strategy that can ultimately help protect your rights and enable you to stay involved in raising your children.
The Cutler Law Office, P.A. offers a consultation that will allow you to determine whether attorney John Cutler is the right attorney for you. John will answer all your questions, laying out the different scenarios as they relate to your specific circumstances. You do not need to feel alone and unsure of what steps you need to take during this crucial time. We can help you through the process with the best outcome possible.
If you have been charged with a domestic battery crime in Idaho Falls (Bonneville County), Blackfoot (Bingham County), Rigby (Jefferson County), St. Anthony (Fremont County), Rexburg (Madison County), Arco (Butte County), or Island Park (Fremont County), contact Cutler Law Firm today for attentive and experienced legal representation. Attorney John Cutler practices primarily in the 7th Judicial District of Idaho and is ready to speak to you today.
