Domestic violence is a pattern of behavior that abuses someone close, like an intimate partner or one’s own children. The form of abuse in domestic violence can be physical, emotional, verbal, sexual, or even threatening of violence.  

The seeds for domestic violence stem from a desire to gain and maintain power and control over their intimate partner, with abusers believing their needs and feelings should be prioritized.  

In most U.S. states, domestic violence is considered either a misdemeanor or a felony, depending on the intensity of violence inflicted on the intimate partner. While misdemeanor charges are often less severe, the consequences of felony domestic violence are more serious with longer sentences. 

How U.S. states approach domestic violence 

In most U.S. states, the distinction between misdemeanor and felony domestic violence depends on the severity or extent of the injuries, the use of a weapon, and the perpetrator’s previous domestic abuse history. 

Now, let’s discuss the bridge between misdemeanor and felony. 

What kind of domestic violence crimes are charged as felonies? 

When the victim sustains severe injury 

If the victim has sustained severe injuries from domestic violence, the charges in almost all cases lead to felony charges because of the likelihood of the victim being seriously injured again by their abuser. This ensures the victim is never harmed again by the perpetrator. 

Examples of severe injury cases 

First- or second-degree assault: Incidents involving punches, kicks, and being thrown that cause severe bodily injuries count as first- or second-degree assaults and are charged as felonies. 

Sexual battery/marital rape: When the victim was forced to engage in a sexual activity without consent. This is also a serious felony. 

Strangulation: When strangulation or choking is involved, especially showing clear marks on the neck, it counts as a serious felony in most states, since it’s serious and can even lead to death. 

If a weapon is involved 

The use or display of a weapon in a domestic violence incident, especially if it was used to injure the victim, would be an aggravated assault, facing felony charges. Even in some cases, if a weapon was just employed to threaten the victim, the charges could still be very serious. 

Repeated domestic violence charges 

The history of one’s abusive behavior can highly impact the charges they could face. If someone had been charged in the past for DV, this history of repeated offenses can potentially lead to felony charges. 

Abusers with a long history have a high tendency to reoffend and will more likely abuse the ones around them. 

When a restraining order is violated 

In some states, if the defendant has violated the restraining order that was meant to protect the victim against them and harmed the victim by breaching that order, it can result in felony charges. 

Involvement of alcohol or drugs 

If the abuser was intoxicated when the crime took place, this could count as an aggravating factor in most states. 

For example, in South Carolina, a high level of intoxication during an incident, particularly when it results in an inability to clearly communicate or recall events, could lead to charges that may result in a felony with up to 20 years in jail. 

If a child or minor witnessed the abuse 

Most state laws take the presence of a child or a minor during a domestic violence incident very seriously. Committing a DV in front of a child can be counted as an aggravating factor as well as child endangerment. In many cases, the perpetrator can be charged with a felony. 

Witnessing violence at a young age can lead to lifelong trauma and can even affect their future, so there’s a push for laws making child-witnessed DV charges a standalone felony. 

Key takeaways 

• When the perpetrator commits first- or second-degree assault and strangulation, it can lead to felony charges. 
• If a weapon was involved in the incident, that can count as a felony. 
• Repeated DV offenses can be charged as a felony. 
• If the defendant violates a restraining order to harm the victim, it leads to felony charges. 
• If the abuser was intoxicated during the DV incident, they can be charged with a felony. 
• The presence of a child or minor when the DV incident took place can charge the perpetrator with a felony. 

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