If you are reading this then you, or someone you love, has a domestic battery, domestic assault, or attempted strangulation charge. You need the representation of a domestic violence attorney.
What is Domestic Assault? What is Domestic Battery?
Domestic Assault and Domestic Battery are both crimes of Domestic Violence. “Unlawful touching” is what constitutes a battery in Idaho’s domestic violence statutes. Unlawfully touching a spouse, former spouse or someone you have a child in common, makes it “domestic”. It can also be domestic violence if you were cohabiting with the person.
What can happen to me if I’m found guilty?
In Idaho, you face up to a $1,000 fine and up to six months in jail for a misdemeanor domestic violence charge. If it is your second time within ten years, you face up to a $2,000 fine and up to a year in jail. You could be charged with a felony if it is your third time within fifteen years. The felony carries a $5,000 fine and five years in an Idaho State prison. If the defendant traumatically injured the victim, 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.
Domestic violence in the presence of a child doubles the penalties. This enhancement applies to both felonies and misdemeanors.
Any person who is found guilty of domestic violence in Idaho will also be required to undergo a domestic violence evaluation at their expense. The courts require defendants to comply with the assessment’s recommendations. Additionally, the court may impose other conditions. Commonly the court will order that the defendant has no contact with the alleged victim. The no contact order may be one of the most severe penalties you will face. The alleged victim is likely your wife, the mother of your children, a co-owner of your household, a business partner, etc. Requirements not to have contact with these people could have a devastating impact on your life, and your future.
A domestic violence attorney can help you to minimize the consequences of a domestic violence conviction.
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.
You must always remember that the State must prove each and every element of the charge of misdemeanor domestic violence beyond a reasonable doubt. If the state fails to show just one of the elements beyond a reasonable doubt, then the Jury has no choice but to find you not guilty to the charge of the misdemeanor.
You also have the following rights:
- Right to a jury trial.
- Right to confront your accusers.
- Right to call witnesses on your behalf.
- Right to subpoena reluctant witnesses to appear in court.
- Right to remain silent. The judge will order the jury not to consider your silence in their deliberations.
- Right to speak if you wish and tell the jury your side of the story.
Domestic Violence Attorney in Boise
As your domestic violence attorney, I will attempt to resolve your case with the prosecuting attorney. These resolutions can include reduced charges, reduced penalties, and even dismissals. Of course, the decision whether to accept any settlement is ultimately up to you.
I will also have 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, asking them to rule that certain evidence is inadmissible. If the court rules in my favor, the state could not use the evidence at trial.
What should I do?
Call a domestic violence attorney at our office today and schedule a free consultation. (208) 571-0627. My staff will make sure that you are sitting in my office speaking with a lawyer 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 submit an online inquiry to our attorneys through this web page.