These penalties apply even if the victim doesn’t sustain any injuries.
Once a defendant is convicted of a felony-level BDV, subsequent charges are automatically filed as a category B felony, even if the case is minor. The punishment for this would be two to 15 years in prison and $2,000 to $5,000 in fines.
To dismiss domestic battery charges, a defense attorney must show that the defendant acted in lawful self-defense. Another potential defense is that the defendant has been falsely accused, which can be common in child custody battles. Defendants may also argue that the incident was an accident.
In domestic battery cases, the defense lawyer will gather evidence from eyewitness testimony, video footage, and medical records of any injuries.