Misdemeanor vs. Felony Domestic Violence in Idaho: What’s the Difference?

Being charged with a domestic violence crime in Idaho can be pretty intimidating. At North Idaho Law Group, one question our clients often ask us is: “Am I facing a misdemeanor or a felony charge?” The difference matters quite a bit. If you are found guilty of a misdemeanor charge, you may be able to move forward with only probation and fines, while a felony conviction can carry years in prison, loss of gun rights, and high fines.

If you or a loved one are dealing with domestic violence charges in Kootenai, Bonner, Shoshone County, or anywhere else in North Idaho, here’s some helpful information about the distinction between misdemeanor and felony domestic violence under Idaho law.

How Idaho Defines Domestic Violence

Under Idaho Code § 18-918, domestic violence occurs when a person commits assault or battery against someone they have a close relationship with. This includes:

• A current or former spouse
• Someone you live with or used to live with
• A current or past dating partner
• A person you share a child with
• Persons related by blood, marriage, or adoption

Charges can range from simple misdemeanor battery to aggravated felony assault, depending on the facts.

Misdemeanor Domestic Violence

Misdemeanor domestic battery is the most common charge when police respond to a domestic disturbance. This usually refers to a minor physical altercation that can involve pushing, shoving, slapping, or grabbing, as long as it doesn’t result in significant injury; however, any domestic battery can still be charged as a crime. Assault, distinct from battery, involves credible threats of physical harm or attempts to carry out battery without making actual physical contact.

Penalties for misdemeanor domestic violence may include:

• Up to 1 year in jail
• Fines up to $1,000
• Mandatory counseling or anger management
• Probation
• No-contact order preventing communication with the alleged victim
• Permanent criminal record

The sentence will depend on the specific facts of the case. Courts have significant leeway within sentencing guidelines. However, even a misdemeanor conviction can create a permanent criminal record, affect child custody arrangements, and impact employment.

Felony Domestic Violence

Domestic violence becomes a felony when the incident involves serious physical harm, repeated offenses, or the use of a deadly weapon. Examples include:

• Causing traumatic injury (broken bones, strangulation, wounds, significant bruising, etc.)
• Aggravated assault with a weapon
• Repeated domestic violence convictions
• Violations of a no-contact order with violence involved

Penalties for felony domestic violence may include:

• Up to 10 years in prison
• Fines up to $10,000
• Felony record with long-term consequences
• Loss of gun rights under federal and Idaho law
• Lifetime stigma affecting jobs, housing, and reputation

In aggravated cases involving weapons or serious injuries, sentences can be even harsher. Additionally, the charges may be combined with others such as aggravated assault, false imprisonment, or stalking.

The Role of Prior Convictions in Domestic Violence Cases

Idaho law increases penalties for repeat offenses. For example, a second conviction within 10 years for domestic battery can escalate a misdemeanor to a felony, even if the prior offense was a misdemeanor. This means even a “minor” misdemeanor charge should be taken seriously, because it can create harsher consequences down the line.

Collateral Consequences Beyond Jail and Fines

Whether the charge is misdemeanor or felony, domestic violence convictions often come with collateral consequences, such as:

• No-contact orders that separate families for months or years
• Firearm restrictions (even some misdemeanors can affect gun rights under federal law)
• Child custody complications in family court
• Permanent criminal record
• Loss of voting rights
• Immigration consequences for non-citizens

These consequences often last long after jail time or probation ends.

Defending Against Domestic Violence Charges

Every domestic violence case differs, but criminal defense attorneys may pursue several defense strategies depending on the facts, including:

• Allegations are false or used to gain leverage during a breakup or custody dispute
• Force was used in self-defense or to protect others
• Insufficient evidence or inconsistencies in witness statements
• Injury occurred accidentally, with no intent to harm

An experienced criminal defense attorney can identify the strongest defense strategy for a particular case.

Talk to an Experienced North Idaho Domestic Violence Attorney

At North Idaho Law Group, we understand how high the stakes are in domestic violence cases. Whether you’re facing a misdemeanor charge or a felony accusation, your freedom, your rights, and your future are on the line.

Located in Post Falls, our firm defends clients throughout Coeur d’Alene, Sandpoint, St. Maries, and other communities in North Idaho from domestic violence and other criminal charges. Our goal is to advocate effectively both inside and outside the courtroom so you can move forward with your life.

If you have been charged with or arrested for a domestic violence crime, contact North Idaho Law Group right away for a confidential consultation before speaking with law enforcement. We can help you preserve your rights and protect your future.

The information contained here should not be interpreted as legal advice for any specific individual or case.