Domestic violence, sometimes called domestic assault, is a serious criminal matter. State authorities may prosecute individuals accused of harming members of their family or their intimate partners. In many cases, those accused of domestic violence face misdemeanor charges.
However, sometimes the state may pursue more serious charges or more significant penalties due to aggravating factors that worsen the underlying charges. What aggravating factors can lead to more serious charges and worse potential penalties?
1. The use of a weapon
Anyone who uses a weapon during a domestic violence incident is likely to face felony charges. Regardless of whether they use the weapon to hurt another person or simply to intimidate them, the presence of a weapon during a domestic violence incident can be a serious aggravating factor.
2. Strangulation
People who lose their temper may cause worse harm than they intend to. If one individual intentionally interferes with another person’s respiration, the person strangled could die or suffer permanent medical consequences. The party accused of strangulation might face felony charges even if no serious injuries result from the incident.
3. Serious bodily harm
The state may choose to pursue more serious charges in cases that lead to lasting or costly injuries for the victim. If the incident resulted in one person falling down the stairs and sustaining a brain injury, the state may be able to pursue aggravated charges and more serious penalties.
Reviewing the state’s claims and the law can be helpful for those hoping to fight their pending domestic violence charges. Especially when there are aggravating factors present, people are at risk of life-altering penalties if they do not respond appropriately.