Just wondering what someone would be facing for third degree domestic battery.
Family Law Attorney
That can depend on the individual facts of the case. The following shows circumstances in which it may go from a Class A misdemeanor to a Class D felony.
Domestic battering in the third degree is a Class A misdemeanor.
(2) However, domestic battering in the third degree is a Class D felony if:
(A) Committed against a woman the person knew or should have known was pregnant;
(B) For conduct that occurred within the five (5) years preceding the commission of the current offense, the person has been convicted of a prior offense of:
(i) Domestic battering in the first degree, § 5-26-303;
(ii) Domestic battering in the second degree, § 5-26-304;
(iii) Domestic battering in the third degree; or
(iv) An equivalent penal law of this state or of another state or foreign jurisdiction; or
(C) For conduct that occurred within the ten (10) years preceding the commission of the current offense, the person has on two (2) previous occasions been convicted of any act of battery against a family or household member as defined by a law of this state or by an equivalent law of any other state or foreign jurisdiction.
Jail terms for Class A misdemeanors are not more than one year, and for Class D felonies it is not more than six years. Fines could also be imposed, for a Class D Felony fines could be up to $10,000.00 and Class A can be up to $1,000.00.
However, the sentence actually imposed may be much less than the maximums listed above.
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