Many alleged domestic batteries occur in the heat of the moment. You and your partner may have been drinking or in the midst of a lover’s quarrel. Often times the person who reported the battery will wake up in the morning and realize he/she made a huge mistake. Unfortunately, begging the prosecutor or police to drop the criminal charges rarely results in an immediate dismissal. Your loved one still needs to hire an attorney to protect his/her freedoms.

Possible Consequences of a Guilty Plea or Withheld Judgment

(1) Supervised Probation

(2) No Contact Order With Your Loved One

(3) Fines

(4) Jail/Penitentiary

(5) 52 Week Domestic Violence Counseling Program

(6) Loss of Federal Gun Rights

Please remember, when officers respond to domestic situations, they are under stress. Often times, witness statements made to officers were made during a time of anger, stress or intoxication. It often takes several months to sort out what really happened that night.

• Did the complaining witness lie?
• Jealous spouse, custody battle, intoxication, mental disorder?
• Was injury caused by a previous or contemporaneous accident?
• Where you trying to protect the complaining witness from harming him/herself?
• Where your actions necessary to prevent something worse from happening?
• Where you trying to protect yourself or others

Thankfully, you have a constitutional right to a jury trial where the State must prove beyond a reasonable doubt every element of the crime charged. You need an attorney experienced in Domestic Violence to handle your case effectively from start to finish. Call Johnston Law immediately for advice on how to proceed in your case.

You may not understand how you could have been charged with a crime of Domestic Violence. The following briefly explains the acts required to charge Misdemeanor Domestic Battery, Felony Domestic Battery and Felony Attempted Strangulation:

A Misdemeanor Domestic Battery can be as trivial as the act of grabbing your wife’s arm during an argument. That is because under Idaho Code §18-903, a Battery is defined as any: (a) Willful and unlawful use of force or violence upon the person of another; or (b) Actual, intentional and unlawful touching or striking of another person against the will of the other; or (c) Unlawfully and intentionally causing bodily harm to an individual.

A Felony Domestic Battery encompasses any battery resulting in “traumatic injury.” Idaho Code §18-918(b) defines “traumatic injury” as a “condition of the body, such as a wound or external or internal injury, whether a minor or serious nature, caused by physical force”. In Idaho, a mere bruise is considered a “traumatic injury” elevating the charge to a felony.

Attempted Strangulation, Idaho Code §18-923 may be charged in any situation where two people are romantically involved and one person is accused of attempting to choke or strangle the other person. The charge does NOT require the State to prove an attempt to kill or that any injuries occurred.

Many times the police will add on additional charges. Remember, the threshold to charge a crime is very low and the prosecutor may not be able to prove the charge in trial. However, the extra charges will increase the risk of penalties. Some charges that are often added to the domestic violence charge:

• Resisting and Obstructing
• Interference with 911 Call
• Malicious Injury to Property
• Injury to Child
• False Imprisonment
• Violation of No Contact Order