Domestic Battery vs Simple Battery
Domestic Battery and Simple Battery are essentially the same crime. A battery is defined as the unlawful touching of another without their consent. The big difference between Domestic versus Simple Battery is the punishments associated with the crime and the legal ramifications down the road.
If you commit a battery upon a person you are dating, married to, live with, or in a familial relationship with, you will be arrested for Domestic Abuse Battery. What this means is that the battery committed is taken even more seriously than a simple battery because of the frequent cases in which people end up being severely hurt or even killed by abusive spouses, dating partners, or family members. It also means that the District Attorney has the right to prosecute the case whether the victim wants to cooperate or not.
The other very important thing to understand as it relates to Domestic Abuse Battery is that when you are arrested for this crime, you will have to make bond. You cannot be released on your own recognizance and often a stay away order will be issued prohibiting you from contacting the victim. This can be serious because it may require to you to have to move out of your home until the case is resolved. Also, you are unable to own or possess any firearms while the stay away order is in effect. If you are then caught with a firearm, there are enhanced penalties associated with that possession. There are also enhanced penalties for subsequent convictions for domestic abuse battery and certain mandatory requirements for a conviction including but not limited to taking mandatory classes regarding abuse.
Simple battery is, in the broadest terms, a physical fight with someone who is not defined in the law as we discussed above. It could be a stranger or it could be your best friend but as long as it is not defined as outlined above, then the Domestic nature of the case is not present and the added ramifications are not in play. You can be released on your own recognizance, you will not necessarily have a stay away order although the court can order one, and there are no prohibitions on possessing or owning a gun. Also, if the victim does not cooperate, it is much easier to get the case dismissed in that situation than one where there is a domestic element.
Another important this to note is that a domestic abuse battery conviction cannot be expunged off your record. A simple battery can be expunged.
The major take away from this article is that if you are arrested for either Domestic Abuse Battery or Simple Battery, you need to speak with an attorney who can look at your case and explain all your options to you. I have prosecuted these cases when I was an Assistant District Attorney and I have defended them since I started my practice. I know the ins and outs of how to navigate these cases to obtain the best result possible for you. If you have been arrested for any sort of battery charge call me immediately to discuss. 504-300-8338. Remember … When No One’s Carin’ Call McLaren!