Domestic Violence Defense Attorney in Boise, Idaho
In Idaho, assault and battery charges become a crime of domestic violence when one of these acts is allegedly committed against a “household member.” A household member can be a spouse, former spouse, a person you have a child with, or someone you live with. Penalties become enhanced as soon as a crime is considered domestic violence. Penalties increase if there is an allegation that the crime was committed in the presence of a child. It’s of the utmost importance to quickly get experienced representation who can guide you through the court process.
Types of Domestic Violence in Idaho
- Attempt to injure another person in your household
- The threat of violently injuring another person, coupled with the ability to do so, in a way that creates fear for their personal safety.
- The use of force against another person in your household
- Intentionally touching or striking another person against their will
- Intentionally causing bodily harm
Attempted Strangulation (Idaho Code §18-923)
- Intentionally choking or attempting to strangle a household member or someone you are in a dating relationship with or have been in a relationship in the past.
- Injury is not necessary to prove attempted strangulation in court
- Can still be charged without intent to murder
Traumatic Injury (Idaho Code §18-918 (1b))
- An external or internal injury against a person within your household
- Can be either a serious or minor injury to be considered traumatic
The classifications of domestic violence in Idaho are extremely important and can have a dramatic impact on what penalties you face. Domestic violence charges often involve the court issuing a no contact order that precludes any contact with the alleged victim and no return to residence. At Larsen Law Office, we have the experience necessary to defend you against any and all domestic violence charges. We can help get the no contact order modified or dismissed. Any of the penalties outlined below can have a huge impact on your relationships, job, and can leave you with a criminal record. You don’t need to face this alone.
Penalties for Domestic Violence in Idaho
- First Offense
- Fines up to $1,000, and/or up to 6 months in county jail
- Second Offense within 10 Years
- Fines up to $2,000 and/or up to 1 year in county jail
- Third Offense within 15 Years
- Fines up to $5,000 and/or up to 5 years in the state prison
- Fourth Offense and Beyond within 15 Years
- Fines up to $10,000 and/or up to 10 years in the state prison
- Offense Resulting in Traumatic Injury
- Felony, regardless of if this is your first offense
- Fines up to $10,000 and/or up to 10 years in an Idaho State Prison
- 15 years in an Idaho State prison
If any of the above occurs in the presence of a child under the age of 16, the penalties listed above are doubled.
Domestic violence allegations in Idaho are serious and come with complicated processes that can be difficult to navigate. It is crucial to immediately seek an experienced attorney who is aware of the specific laws and steps you must take to fully protect your rights.
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If you’ve received a domestic violence charge, you must also coordinate a court approved evaluation. It is wise to be proactive in most cases and complete the evaluation and start counseling prior to sentencing.
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