Domestic violence is a serious crime that involves abuse or violence between intimate partners or family members. It can include physical, sexual, emotional, economic, or psychological actions or threats that influence another person.
Domestic violence is generally categorized as a misdemeanor or felony offense, depending on the circumstances and severity of the crime. Sentencing for domestic violence varies widely depending on the specific offenses charged, the defendant’s criminal history, state laws, sentencing guidelines, and other factors.
Typical prison sentences can range from a few months in county jail for misdemeanor crimes up to five, ten, or twenty years in state prison for felony domestic violence. Sentencing enhancements may also increase prison time in certain situations.
Typical Sentencing Ranges
Here are some general sentencing ranges for different levels of domestic violence crimes:
- Misdemeanor domestic violence – Up to 1 year in county jail
- Felony domestic assault – 2 to 5 years in state prison
- Aggravated domestic assault – 3 to 10 years in prison
- Domestic battery with injury – Up to 10 years in prison
- Felony domestic battery – 2 to 20 years in prison
Harsher sentences are possible with enhancements like prior offenses, use of a weapon, or great bodily injury. Probation may also be an option in some misdemeanor cases.
Factors That Influence Prison Sentences for Domestic Violence
Judges have significant discretion when imposing sentences within statutory ranges. Some key factors that can increase or decrease prison time for domestic violence include:
Prior Criminal History
Defendants with an extensive violent criminal history are likely to receive longer sentences than first-time offenders. Repeat domestic violence offenses often lead to increased jail or prison time.
Injuries and Weapon Use
More severe injuries and the use of a weapon generally result in longer sentences. Strangulation, broken bones, stabbings, shootings, or other serious bodily harm will be penalized harshly.
Violation of Restraining Order
Punishments typically increase if the defendant was under a restraining order when the domestic violence occurred. This shows clear disregard for court orders.
Vulnerable Victims
If the victim is particularly vulnerable, such as a child, elderly person, or disabled individual, the defendant may face heightened penalties.
Multiple Victims
Abusing multiple victims in the same household (or even separate incidents with different victims) can mean substantially increased prison time.
Plea Agreements
Defendants accepting responsibility by pleading guilty often receive lighter sentences than if convicted at trial.
Sentencing Guidelines
Some states use sentencing guidelines with “normal” ranges for given offenses. Judges may depart from these, but guidelines anchor their decisions.
Sentencing Enhancements for Domestic Violence
Many states have sentencing “enhancements” which add additional mandatory prison time if certain conditions are met during a domestic violence offense:
Great Bodily Injury Enhancements
Causing great bodily injury (GBI) during domestic violence adds 3 to 5 years of extra prison time in most states. GBI means a significant or substantial physical injury.
Weapon Use Enhancements
Using a weapon like a gun, knife, bat, or other dangerous object adds extra prison time, typically 3 to 10 years per weapon offense.
Prior Domestic Violence Convictions
If the defendant was previously convicted of domestic violence, most states require enhanced sentences for second or subsequent offenses. Often this is double the ordinary sentence.
Child Endangerment
Committing domestic violence in the presence of or while holding a child can mean enhanced penalties of 1 to 2 years extra jail or prison time.
Elder/Disabled Victim
Most states impose harsher sentences if the victim is over 65 or a vulnerable adult, often adding 2 to 5 years of additional imprisonment.
Violation of Restraining Order
Violating a restraining order in the process of committing domestic violence can mean enhanced penalties of 6 months to 5 years added time behind bars depending on the state.
Sentencing Examples by State
Prison sentences for equivalent domestic violence offenses vary widely across different states. Here are some examples of statutory sentencing ranges in different U.S. jurisdictions:
California
- Misdemeanor domestic battery – up to 1 year county jail
- Felony domestic violence with injury – 2 to 4 years prison
- Felony domestic violence with GBI – 5 to 15 years prison
- Prior domestic violence + current felony – doubled prison term
Texas
- Assault family member – Up to 1 year jail
- Aggravated assault with weapon – 2 to 20 years prison
- Aggravated assault with serious injury – 5 to 99 years prison
- 2+ previous domestic violence convictions – 25 to life prison
Florida
- Domestic battery misdemeanor – Up to 1 year jail
- Aggravated domestic battery – 5 to 15 years prison
- Violation of restraining order – Up to 5 years prison
New York
- Misdemeanor domestic violence – Up to 1 year jail
- Felony domestic assault – Up to 7 years prison
- Aggravated felony domestic assault – Up to 15 years prison
Illinois
- Domestic battery misdemeanor – Up to 1 year jail
- Domestic battery felony – 3 to 7 years prison
- Aggravated domestic battery – Up to 15 years prison
How Sentencing Works in Domestic Violence Cases
Sentencing for domestic violence involves a multi-step process with the prosecution and defense advocating for different outcomes. Here are some key elements of how sentencing typically works:
Calculation of Possible Sentence Range
The judge first calculates the statutory sentencing range based on the charges and enhancements that applied to the case. Maximum and minimum terms are identified.
Input on Sentencing Factors
The prosecution and defense can present evidence related to sentencing factors like injury severity, criminal history, vulnerability of victim, etc.
Motion for Downward or Upward Departure
Either side may file a motion seeking a departure from guidelines based on mitigating or aggravating factors. The judge can accept or reject the motion.
Defendant Allocution
The defendant has a right to speak and ask for leniency before sentencing. An expression of remorse may help secure a lighter sentence.
Victim Impact Statement
The victim can address the court regarding how the crime impacted their life. This may encourage a longer sentence.
Recommendations from Probation
If a pre-sentence investigation was completed, probation will recommend a sentence and provide relevant input on the defendant’s background.
Judge Imposes Sentence
The judge has discretion to impose any sentence within the statutory range. Sentencing guidelines may inform their decision.
Ability to Appeal Sentence
Both the prosecution and defense can appeal the sentence if they feel the punishment imposed was unlawful or inappropriate.
Conclusion
In summary, sentencing for domestic violence varies widely based on the acts committed, injuries inflicted, criminal history of the defendant, and state laws. Misdemeanor domestic abuse may result in months in jail, while the most egregious felony cases can result in decades in prison.
Sentencing enhancements for factors like weapon use or violation of a restraining order can ratchet up potential prison time. The approach to sentencing itself involves judges weighing input from both sides and exercising discretion within statutory guidelines and ranges.
While sentencing remains complex, understanding the influencing factors and sentencing process in domestic violence cases allows defendants, victims, and the public to better comprehend how much prison time may truly be imposed.
Frequently Asked Questions
What is the average prison sentence for domestic violence?
The average prison sentence for domestic violence varies by state but tends to fall in the range of 2-5 years on average for felony-level offenses. Misdemeanor domestic violence most often results in days or months in jail rather than years in prison.
What enhances a domestic violence sentence?
Common domestic violence sentence enhancements include use of a weapon, causing great bodily injury, committing violence in front of a child, elder/disabled victim, violation of a restraining order, and prior domestic violence convictions. These can each add years to a prison sentence.
Is domestic violence a misdemeanor or felony?
Domestic violence charges can be either misdemeanors or felonies depending on the severity of the offense. Minor assaults may be misdemeanors while aggravated assault, battery with injury, violence with weapons, or strangulation often result in felony charges.
How long do you go to jail for domestic violence?
Jail times for domestic violence range from days or months for misdemeanors up to 1-2 years per count. Felony domestic violence can lead to state prison for years or even decades in extreme cases depending on sentencing enhancements.
What is considered severe domestic violence?
Severe domestic violence includes aggravated physical or sexual assault, battery with serious bodily injury, strangulation, violence with deadly weapons, abuse of vulnerable victims, and other dangerous felonious acts. These are punished more harshly than minor offenses.
Does domestic violence stay on your record permanently?
It depends on state laws, but domestic violence misdemeanors can often be expunged after a period of time, such as 5 or 10 years. However, felonies usually remain on a defendant’s public criminal record permanently.
How do judges determine sentences for domestic violence?
Judges determine domestic violence sentences based on statutory guidelines, applicable enhancements, sentencing recommendations, whether weapons were used, extent of injuries, vulnerability of victims, remorse and allocution of defendant, and other aggravating or mitigating factors.
What is the #1 cause of death for pregnant women?
According to the CDC, the leading cause of death for pregnant women in the United States is homicide, very often related to domestic violence incidents. This highlights the particular vulnerabilities of abuse victims during pregnancy.
Can domestic abusers go to rehabilitation instead of prison?
In some cases, first-time domestic violence offenders or those guilty of misdemeanors may be sentenced to probation including mandatory rehabilitation like batterer intervention programs instead of jail time. But repeated or severe offenses often lead to harsher sentencing involving prison.
What percentage of domestic violence victims are male?
Approximately 1 in 4 domestic violence victims are male according to studies. However, some experts believe male victimization is underreported due to social stigmas. There are resources available for all victims regardless of gender or circumstances.