Domestic Violence

Domestic Assault in the Second Degree

An individual who commits domestic violence against a household member, adult whom he or she has been in a continuing social relationship with, or a family member, may be charged with domestic assault in the second degree if he or she: 

• Knowingly causes or attempts to cause physical injury for the victim by any means including use of a deadly weapon, strangulation or choking.
  
• Recklessly causes severe physical injury for the victim.
  
• Recklessly causes physical injury for the victim by means of any deadly weapon. This is a Class C felony.
  

Domestic Assault in the Third Degree

An individual who has been charged with domestic assault in the third degree may be facing Class D felony charges for a third or any subsequent commission of the crime of domestic assault if he or she: 

• Attempts to or causes reckless physical injury to the victim.
  
• Uses a deadly weapon or dangerous instrument to injure the victim.
  
• Purposely places the victim in apprehension of any immediate physical injury.
  
• Recklessly engages in any conduct which could create a grave risk of physical injury or death to the victim.
  
• Causes physical contact with the victim knowing that the other person will feel this contact as offensive.
  
• Causes the isolation or attempts to cause isolation of the victim by substantially restricting or unreasonably limiting access to telecommunication devices or transportation.