While jail is not a mandatory consequence of misdemeanor or gross misdemeanor domestic violence related convictions it is still very possible depending upon the facts of the case and the defendant’s criminal and DV related history. The more egregious either the facts or the history are, the more like the court will be to impose a jail sentence. In felony domestic violence cases, a conviction will mean almost certain imposition of jail with the amount depending on the crime convicted of as well as the person’s criminal history. For questions on potential jail penalties contact one of the Washington Domestic Violence lawyers at Milios Defense.
Misdemeanors and Gross Misdemeanors
Non felony domestic violence case fall into two categories: misdemeanors and gross misdemeanors. Domestic violence crimes that fall into the misdemeanor category are punishable by up to 90 days in jail and a $1, 000.00 fine. Gross misdemeanors can be punished by up to one year in jail and a $5,000.00 fine. To determine where a specific charge falls visit our Washington Domestic Violence Crimes section.
Most crimes of domestic violence have felony versions of their misdemeanor or gross misdemeanor counter parts. The domestic violence crimes of assault, violation of a no contact order, harassment, telephone harassment and stalking can all be considered felonies if the accused has a specific history of domestic violence. Charges such as malicious mischief gain felony status depending on the degree or amount of damage to property that has been alleged. Visit those specific pages for more information on possible jail sanctions. Suffice to say, a conviction for a felony domestic violence charge is sure to bring substantial imposition of jail.
Though not a jail “penalty” in and of itself, most people who are accused of domestic violence end up seeing the inside of a jail for at least the initial stage of the DV proceeding. One who is arrested for a domestic violence charge will be held until he or she is formally seen by a judge or magistrate. In most case the individual is eventually released on his or her promise to follow pretrial, court ordered conditions. In some case the additional requirement of bail is imposed. To find out more about pretrial incarceration go to our Washington DV Process section.