Domestic Violence: Charges, Definitions, and Penalties in Bismarck, ND
Domestic violence charges in North Dakota come with serious legal consequences. If you are facing accusations of domestic violence in Bismarck, ND, it is crucial to understand the legal framework surrounding the offense, the penalties, and the specific legal definitions that apply to such cases.
What is Domestic Violence Under North Dakota Law?
North Dakota Century Code Section 12.1-17-01.2 defines domestic violence as the willful infliction of bodily injury, substantial bodily injury, or serious bodily injury upon a family or household member. A family or household member includes:
- Spouses and former spouses
- Individuals who share a child
- Current or former dating partners
- Individuals who live or have lived together
Key Definitions of Bodily Injuries
To fully understand domestic violence charges, it’s essential to know the different classifications of bodily injuries under North Dakota law:
- Bodily Injury: Any impairment of physical condition, including physical pain.
- Substantial Bodily Injury: A substantial temporary disfigurement, loss, or impairment of the function of any bodily member or organ.
- Serious Bodily Injury: Bodily injury that creates a substantial risk of death or causes serious permanent disfigurement, unconsciousness, extreme pain, permanent loss or impairment of a bodily organ or member, a bone fracture, or an impediment of airflow or blood flow to the brain or lungs.
Criminal Classifications of Domestic Violence
Domestic violence charges are classified based on the severity of the injury and whether there is a history of similar offenses:
- Class B Misdemeanor: First-time offenses involving bodily injury.
- Class A Misdemeanor: Second or subsequent offenses of bodily injury or offenses involving substantial bodily injury.
- Class C Felony: Offenses involving serious bodily injury.
- Class B Felony: If the victim is under twelve years of age, an offense involving substantial or serious bodily injury is classified as a Class B felony.
Penalties for Domestic Violence in North Dakota
The penalties for domestic violence vary depending on the classification of the offense:
Class B Misdemeanor
- Imprisonment: Up to 30 days.
- Fine: Up to $1,500.
Class A Misdemeanor
- Imprisonment: Up to 360 days.
- Fine: Up to $3,000.
Class C Felony
- Imprisonment: Up to five years.
- Fine: Up to $10,000.
Class B Felony
- Imprisonment: Up to ten years.
- Fine: Up to $20,000.
Probation Information
Probation terms depend on the classification of the offense. For misdemeanors, probation may last up to two years, while for felonies, probation can extend up to five years or longer. Probation conditions often include court-ordered intervention programs and regular reporting to a probation officer.
Full Language of North Dakota Century Code Section 12.1-17-01.2: Domestic Violence
Here is the full text of the statute:
North Dakota Century Code Section 12.1-17-01.2: Domestic Violence
- For purposes of this section, “family or household member” means family or household member as defined in section 14-07.1-01.
- A person is guilty of an offense if that person willfully causes:
- Bodily injury to the actor’s family or household member;
- Substantial bodily injury to the actor’s family or household member; or
- Serious bodily injury to the actor’s family or household member.
- The offense is:
- A Class B misdemeanor for the first offense involving bodily injury.
- A Class A misdemeanor for second or subsequent offenses involving bodily injury.
- A Class C felony for offenses involving serious bodily injury.
- A Class B felony if the victim is under 12 years of age.
Mandated Intervention Program for Domestic Violence Offenders
When domestic violence is committed against an intimate partner, which includes current or former spouses, dating partners, or someone with whom the offender shares a child, the court must order the offender to complete a domestic violence offender assessment and intervention program.
Key Definitions from Section 12.1-17-13:
- Intimate Partner: A spouse, former spouse, current or former dating partner, or an individual with whom the offender shares a child.
The court cannot order anger management classes or individual counseling unless a domestic violence intervention program is unavailable. The intervention program aims to address the root causes of domestic violence and reduce the likelihood of reoffense.
Firearm Possession Restrictions
A conviction for domestic violence can also affect your right to possess firearms. Under Section 62.1-02-01, individuals convicted of violent felony offenses or certain misdemeanors involving violence are prohibited from owning or possessing firearms. This restriction lasts:
- Ten years for felony offenses involving violence or intimidation.
- Five years for certain misdemeanor offenses involving violence or if a firearm was used during the commission of the crime.
Defenses for Domestic Violence Charges
If you are facing domestic violence charges, several defenses can be considered depending on the circumstances:
- Self-Defense: You may argue that you acted in self-defense if you believed you were at immediate risk of harm.
- False Allegations: In domestic disputes, false accusations are not uncommon, especially in contentious divorce or custody cases.
- Lack of Evidence: The burden of proof is on the prosecution to establish guilt beyond a reasonable doubt. If there is insufficient evidence of bodily injury or violence, charges may be reduced or dismissed.
How Domestic Violence Charges Can Arise in Practical Situations
Domestic violence charges often stem from various situations, including:
- Physical Altercations: A domestic dispute that escalates into physical violence, even if the injuries are minor.
- Emotional or Verbal Threats: In some cases, even threats of violence can result in domestic violence charges, especially if the victim fears immediate harm.
- Parent-Child Conflicts: Excessive physical discipline of a child can lead to domestic violence charges, particularly if it results in substantial or serious bodily injury.
Importance of Hiring a Criminal Defense Attorney in Bismarck
Facing domestic violence charges is daunting, but having a knowledgeable criminal defense attorney can make all the difference in your case. An experienced attorney can:
- Review the Evidence: Your lawyer will gather all relevant evidence, including police reports, witness testimony, and any medical documentation, to build a strong defense.
- Challenge the Allegations: Your attorney will work to challenge inconsistencies in the prosecution’s case and seek to reduce or dismiss the charges when possible.
- Negotiate for Reduced Charges: In some cases, a plea deal may be negotiated to lessen the charges or penalties, especially for first-time offenders.
Frequently Asked Questions About Domestic Violence in North Dakota
What is the difference between bodily injury and serious bodily injury?
Bodily injury refers to any impairment of physical condition, including pain. Serious bodily injury involves more severe harm, such as permanent disfigurement, extreme pain, or a substantial risk of death.
Can a domestic violence charge affect my right to own a firearm?
Yes, a conviction for domestic violence can result in a loss of firearm possession rights for up to ten years for felony convictions and five years for certain misdemeanor convictions.
What is the penalty for a first-time domestic violence offense?
A first-time domestic violence offense involving bodily injury is a Class B misdemeanor, punishable by up to 30 days in jail and a $1,500 fine.
Is probation available for domestic violence convictions?
Yes, probation is often available depending on the severity of the charge. Probation terms can last between one and five years for misdemeanors and felonies.
Can domestic violence charges be dropped?
Charges may be dropped if there is insufficient evidence or if the victim recants their statement. However, prosecutors have the discretion to pursue charges even if the victim requests a dismissal.
What is a domestic violence intervention program?
This court-mandated program is designed to address the underlying issues leading to domestic violence, with the goal of reducing recidivism.