If you have been charged with domestic battery, domestic assault, or attempted strangulation, then you need the representation of a Boise Domestic Violence Attorney.
What is Domestic Assault? What is Domestic Battery?
Domestic Assault and Domestic Battery are both crimes of Domestic Violence in Idaho. Assault and Battery are defined in Idaho’s Domestic Violence statute as “unlawful touching”. What make an assault or battery ‘domestic’ is the person who the battery or assault is committed against. It becomes domestic violence when it is committed against a spouse, former spouse, someone you have a child in common with, or someone you are cohabiting with.
What can happen to me if I’m found guilty?
In Idaho, If you are found guilty of, or plead guilty to any charge of misdemeanor domestic violence, for the first time in your life, then you face up to a $1,000 fine and up to six months in jail. If it is your second time within ten years, you face up to a $2,000 fine and up to a year in jail. And if it is your third time within fifteen years you could be charged with felony domestic violence and face up to a $5,000 fine and five years in an Idaho State prison. If the victim is traumatically injured due to the battery, then you could also face a felony charge and face up to a $10,000 fine and up to 10 years in an Idaho State prison, regardless of whether this was your first time or not.
Additionally, if the violence is alleged to have taken place in the presence of a child, all these penalties can be doubled, regardless of whether the domestic violence charge is a misdemeanor or a felony.
Any person who is found guilty of domestic violence in Idaho will also be required to undergo a domestic violence evaluation at their own expense, and will be required by the courts to comply with the evaluation’s recommendations. Additionally, the court may impose other orders, most commonly the court will order that the defendant have no contact with the alleged victim. This may be one of the most serious penalties you will face since the alleged victim is likely your wife, the mother of your children, a common owner of your household, a business partner, etc. etc. This could have devastating impacts on your life, and your future.
What can I do? What are my rights?
In Idaho Common defenses to the charge of domestic violence include self defense, defense of others, defense of property, and consent of the alleged victim, among other defenses.
It must always be remembered that the State must prove each and every element of the charge of misdemeanor domestic violence charge beyond a reasonable doubt. If the state fails to prove just one of the elements beyond a reasonable doubt, then the Jury has no choice but to find you not guilty of the charge of the misdemeanor. You have a right to a jury trial. You have a right to confront your accusers. You have a call your own witnesses, and even subpoena reluctant witnesses to appear in court. You will not be required to testify yourself. You have a right to remain silent throughout the entire proceeding. The jury will be instructed by the judge that they are not to speculate or form any conclusions as to why you may have chosen not to take the stand. Of course you also have a right to speak if you wish, and tell the jury your side of the story.
Domestic Violence Lawyer in Boise
As your Boise Domestic Violence Attorney I will of course be given an opportunity prior to trial to present your evidence and arguments to the prosecuting attorney, in an attempt to resolve your case with the prosecutor. These resolutions can include reduced charges, reduced penalties, and even dismissals. Of course the decision whether to accept any resolution is ultimately up to you.
I will also be given access to every piece of evidence that the state is going to present at trial. Under certain circumstances I will make motions to the court to order the evidence to be held inadmissible. This means that should the court rule in my favor, the state would not be allowed to use that evidence at trial.
What should I do?
Call our Boise Domestic Violence Attorneys today and schedule a free consultation. (208) 571-0627. My staff will make sure that you are sitting in my office speaking with a Boise Domestic Violence Attorney within 24 hours. Do not wait to call. The court sets certain deadlines, and your odds of success could be severely hampered should you miss those deadlines. If you merely have an inquiry, then please email our Boise Domestic Violence Attorneys. My email address is firstname.lastname@example.org. Or submit an online inquiry to our Boise Domestic Violence Attorneys through this webpage.