Violence Cases

Assault and Battery

Even though assault and battery are often charged together, assault is a separate crime from battery. The definition of assault is intentionally causing physical injury to another person; it can be either a felony or a misdemeanor, depending on whether (and what kind of) a weapon was used and how badly the victim was injured.

Domestic Violence

Domestic violence includes physical violence, threatened violence, and abuse that occurs between people in the following relationships:

• Married couples (also known as spousal abuse)
• Cohabiting couples
• Persons who have a child or children in common
• Persons in a dating relationship or who were in a former dating relationship
• Persons who were formerly married to each other

A domestic violence charge may be filed as a misdemeanor or a felony, depending on the seriousness of the case. Severe injuries (including severe cuts and broken bones) will almost always be charged as a felony. If there is no injury or slight injury, it will generally be filed as a misdemeanor. Prior acts of reported domestic violence and the criminal history of the accused may also influence how the case is filed.

Forms of Domestic Abuse

• Threats
• Intimidation
• Annoying Phone Calls
• Stalking (such as following the victim to and from work or threatening the victim)
• Physical Assault or Abuse
  • Hitting
  • Slapping
  • Pushing
  • Shoving
  • Kicking
  • Biting
  • Pinching
  • Punching
  • Hair-pulling
  • Beating
• Sexual Abuse
  • Unwanted sexual touching
  • Forced sexual acts
  • Criticizing sexual ability
• Verbal Abuse
  • Emotional cruelty
  • Constant criticism
  • Name-calling
  • Ignoring the victim
  • Degrading remarks
  • Mocking
  • Taunting
  • Swearing
• Financial Abuse
  • Refusing to pay bills
  • Withholding money from victim
  • Not allowing victim to work
  • Not purchasing family necessities
• Social Abuse
  • Isolating victim from family/friends
  • Violating privacy rights of victim
  • Opening and reading victim's mail
  • Monitoring and listening in on telephone calls
  • Outward jealousy and possessiveness
• Child Abuse
  • Child endangerment charges can be filed if the child witnesses the violence

Menacing

Menacing is displaying a weapon or engaging in a course of conduct that intentionally places another person in reasonable fear of physical injury or death. Menacing can be either a felony or misdemeanor depending on whether the defendant has been convicted of menacing within the last ten years.

Harassment

Harassment is communicating with a person in a manner likely to cause annoyance or alarm, placing a person in reasonable fear of physical injury, or making a telephone call with no purpose of legitimate communication. Harassment can be either a misdemeanor or a violation, depending on the nature of the conduct, whether the harassment was based on discrimination, and whether the defendant has been convicted of harassment within the last ten years.

Disorderly Conduct

Disorderly conduct, which encompasses a wide range of behavior deemed offensive to public order, is only classed as a violation and may be offered in a plea bargain as an alternative to a misdemeanor plea.