Is domestic violence a felony? Yes, domestic violence can be a felony—but it depends on the severity of the act, the harm caused, whether weapons were involved, prior convictions, and the laws of the state where it occurred.
Let’s break down what that means for individuals facing charges or trying to understand the legal consequences of domestic abuse.
What Is Domestic Violence?
Domestic violence (also known as family violence or intimate partner violence) is a pattern of abusive behavior used to control or harm a partner, spouse, family member, or cohabitant. Abuse can be:
- Physical (hitting, pushing, choking)
- Emotional or verbal (threats, humiliation)
- Sexual (non-consensual acts)
- Financial (controlling access to money)
What distinguishes domestic violence from other crimes is the relationship between the perpetrator and the victim—most often involving spouses, romantic partners, parents, children, or cohabitants.
When Does Domestic Violence Become A Felony?
Whether domestic violence is a felony or a misdemeanor depends on the circumstances of the case, including:
- The type and severity of the violence
- The presence of a weapon
- Prior offenses
- Injuries caused
- Violation of protective orders
Misdemeanor charges typically apply to first-time or low-level offenses (e.g., minor physical harm, threats without injury).
Felony charges apply when:
- There is serious bodily injury (e.g., broken bones, head trauma).
- A weapon is used (knife, gun, blunt object).
- The offense includes strangulation or suffocation.
- The accused has prior domestic violence convictions.
- A restraining order is violated.
Example: Pushing your partner during an argument may be charged as a misdemeanor. But using a belt to beat them—especially if they’ve filed a restraining order—can quickly escalate to a felony.
Common Felony Domestic Violence Charges
Each state has its own criminal code, but typical felony charges tied to domestic violence include:
- Aggravated assault
- Sexual assault within a relationship
- Felony domestic battery
- Felony child abuse or neglect
- Attempted murder (in extreme cases)
What Are The Penalties For Felony Domestic Violence?
A felony conviction carries serious, life-altering consequences, including:
- Prison time: Sentences can range from 1 year to 20+ years depending on the charge.
- Criminal record: Felony convictions are permanent and show up on background checks.
- Loss of rights: Convicted felons often lose the right to vote or own firearms.
- Restraining orders: Courts may issue permanent no-contact orders.
- Mandatory counseling: You may be required to complete a batterer intervention program.
Is Domestic Violence A Felony In Minnesota?
In Minnesota, domestic assault can be charged as a felony if:
- The defendant has two or more prior domestic violence-related convictions within the past 10 years.
- The offense involved strangulation, which is automatically a felony under Minnesota law.
- The act caused substantial bodily harm.
Minnesota law takes these cases seriously—violations of a protection order or repeat offenses are aggressively prosecuted.
Frequently Asked Questions
1. Can A Misdemeanor Domestic Violence Charge Be Upgraded To A Felony?
Yes. If new evidence shows serious injury, or if the accused violated a no-contact order, prosecutors can elevate the charge.
2. Can Felony Charges Be Reduced?
Sometimes. A skilled defense attorney may negotiate a plea deal to reduce the charge to a misdemeanor, especially if the incident was isolated or there’s little evidence.
3. Will I Go To Jail For A First-Time Domestic Violence Felony?
There is a high probability of jail or prison time if it’s charged as a felony, even on a first offense—particularly in cases involving injuries or weapons.
Facing Charges? Don’t Wait.
If you’ve been charged with domestic violence—or are worried you might be—you need experienced legal counsel immediately. A felony conviction can follow you for life.
At Leverson Budke, we specialize in defending domestic violence cases in Minnesota. We understand the law, the stakes, and how to fight for your future.
Contact us today for a free, confidential consultation.
