Domestic Violence Charges by State (2026)
How each state charges domestic violence and the maximum penalties, from each state criminal code.
| State | Domestic violence |
|---|---|
| Alabama | Alabama has separate domestic violence crimes that apply when the victim is a current or former spouse, parent, step-parent, child, step-child, grandparent, grandchild, a person the defendant has a child with, a present household member, or a current or former dating partner. Domestic violence in the third degree (based on assault in the third degree, menacing, harassment, harassing communications, criminal trespass III, criminal mischief II or III and similar offenses) is a Class A misdemeanor; a second conviction carries a minimum 10 days in jail, and a third or subsequent conviction is a Class C felony. Domestic violence in the second degree (based on assault in the second degree, stalking, burglary II or III, and similar offenses) is a Class B felony, and domestic violence in the first degree (based on assault in the first degree, aggravated stalking or burglary I) is a Class A felony (life or not more than 99 years or less than 10 years). Domestic violence by strangulation or suffocation is a Class B felony. Minimum jail terms are doubled for the felony degrees when the offender violates a protection order or the offense is committed in the presence of a child under 14. Ala. Code 1975 §§ 13A-6-130, 13A-6-131, 13A-6-132, 13A-6-138, 13A-5-6 |
| Alaska | Alaska does not have a separate domestic assault crime; assaults against a household member are charged under the regular assault statutes and flagged as a 'crime involving domestic violence' (defined in AS 18.66.990). A person arrested for a crime involving domestic violence is held without bail until seen by a judicial officer. Committing an assault that is a crime involving domestic violence while a child under 16 is present (in the dwelling, vehicle or place, or within hearing) is the separate crime of assault in the presence of a child, a Class A misdemeanor. A fourth-degree assault (reckless or negligent injury) becomes assault in the third degree, a Class C felony, when the person has been convicted on two or more separate occasions of listed crimes within the preceding 10 years. AS 11.41.240; 11.41.220(a)(5), (c); AS 18.66.990(3); Alaska Statewide Misdemeanor Bail Schedule (2023) § 2(b) |
| Arizona | Arizona does not have a separate domestic assault crime. Domestic violence is a label attached to listed crimes, such as assault, aggravated assault, threats, criminal trespass, criminal damage, harassment and stalking, when the victim is a spouse or former spouse, a current or former household member, a person who shares a child with the defendant, a relative, or a current or former romantic or sexual partner; the charge carries the class set by the underlying crime and is marked 'DV'. A third or later domestic violence offense within eighty-four months is aggravated domestic violence, a class 5 felony, with minimum jail of four months (two prior convictions) or eight months (three or more priors). Choking or smothering a domestic violence victim (impeding normal breathing or blood circulation by pressure on the throat or neck or by blocking the nose and mouth) is aggravated assault, a class 4 felony. Police must arrest when domestic violence involves physical injury or a deadly weapon, with limited exceptions. A.R.S. §§ 13-3601(A), (B), (H), (M); 13-3601.02; 13-1204(B), (F) |
| Arkansas | Arkansas charges violence against a family or household member as a separate crime called domestic battering, in three degrees. Domestic battering in the third degree is a Class A misdemeanor (up to 1 year, up to $2,500), and a Class D felony (up to 6 years) when the victim is a woman the person knew or should have known was pregnant, or the person has a qualifying prior offense within five years. Domestic battering in the second degree (for example, serious physical injury, or injury with a deadly weapon) is a Class C felony, raised to a Class B felony with a prior conviction within five years or when the victim is pregnant. Domestic battering in the first degree is a Class B felony (5 to 20 years), and a Class Y felony when it purposely causes permanent disfigurement or the victim is four or younger. Choking or otherwise impeding a family or household member's breathing or blood circulation is aggravated assault on a family or household member, a Class D felony. Ark. Code §§ 5-26-305; 5-26-304(a), (b); 5-26-303; 5-26-306(a)(3); 5-4-401; 5-4-201 |
| California | California has separate domestic violence crimes. Battery against a spouse or former spouse, cohabitant, fiancé(e), dating or engagement partner (current or former), or the other parent of the defendant's child is domestic battery, a misdemeanor punishable by up to 1 year in county jail and/or a fine of up to $2,000; any harmful or offensive touching is enough. Willfully inflicting a corporal injury on such a person that results in a 'traumatic condition' (a wound or other external or internal injury, minor or serious, including injury from strangulation or suffocation, caused by physical force) can be charged as a misdemeanor or felony: 2, 3 or 4 years in state prison, or up to 1 year in county jail, and/or a fine of up to $6,000. With a prior conviction within 7 years for this crime or certain assaults or batteries, the range is up to 1 year in county jail or 2, 4 or 5 years in state prison, and/or a fine of up to $10,000; with a prior domestic battery conviction within 7 years, 2, 3 or 4 years or up to 1 year in county jail, and/or a fine of up to $10,000. Stalking a person after a felony conviction for corporal injury, violating a protective order or criminal threats can be charged as a misdemeanor or as a felony of 2, 3 or 5 years. Cal. Penal Code §§ 243(e)(1), 273.5(a), (d), (f)(1), (f)(2), 646.9(c)(1); CALCRIM Nos. 840, 841 |
| Colorado | Colorado does not have a separate domestic assault crime. Domestic violence is a designation added to any crime involving an act or threatened act of violence against a current or former spouse, a current or former unmarried partner, or a co-parent (and to crimes against property used to coerce, control, punish, intimidate or take revenge on such a person). The underlying crime keeps its own grade, but the court must order a domestic violence evaluation and treatment program, and the defendant must give up firearms and ammunition. Any misdemeanor that includes an act of domestic violence becomes a class 5 felony (one to three years) if the person has three or more prior domestic violence convictions from separate episodes (the habitual domestic violence offender rule). Choking or smothering that causes bodily injury is assault in the second degree, a felony. C.R.S. §§ 18-6-800.3(1), (2); 18-6-801(1), (7), (8); 18-3-203(1)(i) |
| Connecticut | Connecticut does not have a separate domestic assault crime. A crime committed against a family or household member (spouses or former spouses, parents and children, relatives, people who live or have lived together, people with a child in common, and people in or recently in a dating relationship) that involves physical harm or threatened violence is designated a 'family violence crime' and is charged under the ordinary assault, threatening or other statutes. Choking or smothering someone so that it impedes breathing or blood circulation is strangulation or suffocation in the second degree, a Class D felony (up to five years); it is first degree, a Class C felony (one to ten years), when a dangerous instrument is used, serious physical injury results, or the person has a prior strangulation conviction; reckless strangulation is third degree, a Class A misdemeanor. A persistent offender, meaning someone convicted of third-degree assault, stalking, threatening, harassment, violating a protective order or criminal trespass who has a qualifying prior conviction, is sentenced as for the next more serious class, and a Class A misdemeanor is then punished as a Class D felony. Conn. Gen. Stat. §§ 46b-38a, 53a-40d, 53a-64aa, 53a-64bb, 53a-64cc |
| Delaware | Delaware does not have a separate domestic assault crime; acts against a family member, partner or other protected person are charged under the ordinary offenses such as offensive touching, menacing, assault and terroristic threatening, which the Family Court statute lists as domestic violence offenses. Strangulation or suffocation (impeding breathing or blood circulation by pressure on the neck, or blocking the nose or mouth) is a Class D felony (up to 8 years); it becomes a Class B felony (2 to 25 years) when a weapon or dangerous instrument is used, serious physical injury results, a no-contact order was in effect, or the victim is pregnant or a child, and a repeat offense within 5 years carries a minimum 1 year at Level V. A first-offender domestic violence diversion program is available for certain misdemeanors, including offensive touching and menacing. 11 Del. C. § 607; 10 Del. C. § 1024 |
| District of Columbia | D.C. does not have a separate domestic assault crime. Any criminal offense committed against an intimate partner (a current or former spouse or domestic partner, a person with a child in common, or a current, former or sought-after dating or sexual partner), a family member, or a household member is an 'intrafamily offense' and is charged under the ordinary statute, such as assault. Strangulation, knowingly, intentionally or recklessly restricting someone's blood circulation or breathing by pressure on the throat, neck or chest or by blocking the nose or mouth, is punishable by up to 5 years. The maximum fine and prison term rise to 1 1/2 times the normal maximum if the victim suffers serious bodily injury, a stay-away or no-contact order was in effect, or the person was convicted of an intrafamily offense within the previous 5 years. D.C. Code §§ 16-1001(5A), (5B), (6A), (8); 22-404.04 |
| Florida | Florida has no separate domestic battery statute for ordinary cases; assault, battery, stalking and other crimes causing injury between family or household members (spouses and former spouses, relatives by blood or marriage, people who live or lived together as a family, and parents of a child in common) are 'domestic violence' and are charged under the regular statutes. A person adjudicated guilty of a domestic violence crime who intentionally caused bodily harm must serve a minimum of 10 days in county jail for a first offense, 15 days for a second and 20 days for a third or later offense (15, 20 and 30 days if it happened in front of a child under 16 who is a family or household member). Domestic battery by strangulation, impeding the breathing or blood circulation of a family or household member or dating partner by pressure on the throat or neck or blocking the nose or mouth so as to create a risk of or cause great bodily harm, is a third-degree felony (up to 5 years). A second battery after a prior battery conviction is also a third-degree felony. Fla. Stat. §§ 741.28, 741.283, 784.041(2), 784.03(2) |
| Georgia | Georgia charges violence against family members as higher-penalty versions of the regular offenses. The family/household group covers past or present spouses, parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, and others (excluding siblings) living or formerly living in the same household. Simple assault and simple battery against them are misdemeanors of a high and aggravated nature. Family violence battery (§ 16-5-23.1(f)) is a misdemeanor on a first conviction but a felony punishable by 'not less than one nor more than five years' on a second or later conviction, or on a first conviction if the person has a prior forcible felony against a household member. Aggravated assault and aggravated battery against these family members carry 'not less than three nor more than 20 years.' Assault with an object likely to result in strangulation is aggravated assault. O.C.G.A. §§ 16-5-20(d); 16-5-23(f); 16-5-23.1(f); 16-5-21(a), (i); 16-5-24(g) |
| Hawaii | Hawaii has a separate crime, abuse of family or household members: physically abusing a family or household member, or refusing a police officer's lawful order to leave the premises for a cooling-off period. It is a misdemeanor with a mandatory minimum of forty-eight hours in jail for a first offense and thirty days for a second offense within one year of the first conviction, and a third or later offense within two years of a second conviction is a class C felony (five years). Impeding someone's breathing or blood circulation by pressure on the throat, neck or chest, or by blocking the nose and mouth, is a class C felony even without visible injury, as is abuse committed in the presence of a family or household member under fourteen. Offensively touching a family or household member, or exercising coercive control over one, is a petty misdemeanor. Anyone sentenced or granted a deferral must complete a domestic violence intervention or anger management course. Haw. Rev. Stat. § 709-906(1), (5)-(10) |
| Idaho | Idaho charges assault or battery on a household member (a current or former spouse, someone who shares a child with the defendant, or someone living with the defendant) as domestic assault or battery. Without a traumatic injury, a first conviction is a misdemeanor (fine up to $1,000, up to one year in county jail, or both); a second conviction within ten years is a misdemeanor with up to one year in jail and a fine up to $2,000; a third offense within fifteen years is a felony with up to five years in prison and a fine up to $5,000. Domestic battery that causes a traumatic injury is a felony punishable by up to ten (10) years in prison, a fine up to $10,000, or both, and maximum penalties double when the act happens in front of a child under 16. Choking or attempting to strangle a household member or dating partner is attempted strangulation, a felony punishable by up to fifteen (15) years in state prison. Idaho Code §§ 18-918(1)-(5), 18-923 |
| Illinois | Hitting or making insulting or provoking physical contact with a family or household member is a separate crime called domestic battery, a Class A misdemeanor (less than one year in jail, fine up to $2,500). It is a Class 4 felony with a prior conviction for violating an order of protection, for one of several listed violent offenses against a family or household member, or with 1 or 2 prior domestic battery convictions; a Class 3 felony with 3 prior domestic battery convictions; and a Class 2 felony with 4 or more. Any second or subsequent conviction carries a mandatory minimum of 72 consecutive hours in jail. Causing great bodily harm, permanent disability or disfigurement, or strangling the victim is aggravated domestic battery, a Class 2 felony (3 to 7 years) with at least 60 consecutive days in jail even on probation. 720 ILCS 5/12-3.2(a)-(c); 720 ILCS 5/12-3.3(a), (a-5), (b); 730 ILCS 5/5-4.5-55, -35 |
| Indiana | Indiana has a separate crime of domestic battery: knowingly or intentionally touching a family or household member in a rude, insolent or angry manner (or placing bodily fluid or waste on them in that manner), a Class A misdemeanor (up to one year and a $5,000 fine). It is a Level 6 felony (6 months to 2.5 years) if, among other things, the offender has a previous unrelated battery or strangulation conviction; the offender is at least 18 and commits it in the physical presence of a child under 16, knowing the child was present and might see or hear it; it causes moderate bodily injury; or it violates a protection order or no-contact order. It is a Level 5 felony (1 to 6 years) if, for example, it causes serious bodily injury or is committed with a deadly weapon. Separately, strangulation (in a rude, angry or insolent manner applying pressure to another person's throat, neck or torso, or obstructing their nose or mouth, in a way that impedes normal breathing or blood circulation) is a Level 6 felony regardless of the relationship, and a Level 5 felony against a victim known to be pregnant or with a prior strangulation conviction. Ind. Code §§ 35-42-2-1.3(a)-(c), 35-42-2-9(c)-(d) |
| Iowa | An assault that is domestic abuse (an assault between family or household members or the other relationships listed in § 236.2) is charged as domestic abuse assault. A first offense is a simple misdemeanor; a serious misdemeanor if it causes bodily injury or mental illness; and an aggravated misdemeanor if committed with intent to cause serious injury, with a dangerous weapon, or by choking (impeding breathing or blood circulation by pressure on the throat or neck or blocking the nose or mouth). Choking that causes bodily injury is a class "D" felony, as is a weapon or choking assault against a person known to be pregnant. A second offense moves up one level, and a third or later domestic abuse assault is a class "D" felony. A person convicted of a first or second offense must serve at least two days in jail and attend a batterers' treatment program. Iowa Code §§ 708.2A(1)-(7), (10); 708.2B (Iowa Code 2026) |
| Kansas | Battery against a dating partner or a family or household member (spouses and former spouses, parents, children and stepchildren, people who live or have lived together, and people who have a child in common) is domestic battery. A first conviction is a class B person misdemeanor with 48 consecutive hours to six months in jail and a fine of $200 to $500, or the court may instead order a batterer intervention assessment and its recommendations. A second conviction within five years is a class A person misdemeanor with 90 days to one year in jail and a fine of $500 to $1,000. A third or later conviction within five years is a person felony with 90 days to one year in jail and a fine of $1,000 to $7,500. Choking or suffocating a partner or household member (impeding normal breathing or blood circulation by pressure on the throat, neck or chest, or blocking the nose or mouth) is aggravated domestic battery, a severity level 7 person felony. K.S.A. 21-5414(a)-(c), (e) |
| Kentucky | Kentucky has no separate domestic battery crime; assault on a family member or member of an unmarried couple is charged under the regular assault degrees, usually fourth-degree assault, a Class A misdemeanor. A third or later fourth-degree assault within five years, where each victim was a family member or member of an unmarried couple (as defined in KRS 403.720), may be charged as a Class D felony (1 to 5 years); the victims need not be the same person. Strangulation, without consent impeding someone's breathing or blood circulation by pressure on the throat or neck or by blocking the nose or mouth, is a Class C felony if intentional (first degree) and a Class D felony if wanton (second degree), regardless of the relationship. KRS 508.030, 508.032, 508.170, 508.175; 532.060 |
| Louisiana | Hitting or using force on a family or household member is its own crime, called domestic abuse battery. A first conviction carries a fine of $300 to $1,000 and 30 days to six months in jail (at least 48 hours without suspension); a second, a fine of $750 to $1,000 and 60 days to one year (at least 14 days); a third, one to five years with or without hard labor and a $2,000 fine; a fourth or later, 10 to 30 years at hard labor and a $5,000 fine. Extra prison time is added for strangulation (up to 10 years at hard labor, at least one year without probation or suspension), knowingly attacking a pregnant victim (up to three years), a child 13 or younger present (one to three years for a first offense), serious bodily injury (up to eight years), or a dangerous weapon (up to 10 years). La. R.S. 14:35.3(A), (C), (D), (E), (F), (I), (K), (L), (N), (O) |
| Maine | Assault against a family or household member or a dating partner (as defined in Title 19-A, § 4102) is the separate crime of domestic violence assault. It is a Class D crime (less than one year in jail, fine up to $2,000). It becomes a Class C crime (up to 5 years and $5,000) when the person has one or more prior convictions for domestic violence assault or certain other domestic violence offenses (including domestic violence criminal threatening, stalking, violating a protection order, or a bail-condition violation involving a family member or dating partner), or a prior aggravated assault conviction in which the victim was proved to be a family or household member or dating partner. Strangulation (impeding breathing or blood circulation by pressing on the throat or neck) is a listed circumstance for aggravated assault, a Class B crime (up to 10 years). 17-A M.R.S. §§ 207-A, 208(1)(C), 1604(1) |
| Maryland | Maryland has no separate domestic assault crime; violence against a family or household member is charged under the regular assault laws (second-degree assault, a misdemeanor up to 10 years and $2,500; first-degree assault, a felony up to 25 years). Strangling someone is first-degree assault. When the State's Attorney asks, the court must decide whether the crime was 'domestically related', meaning committed against a person eligible for a protective order under Family Law § 4-501 or someone who had a sexual relationship with the defendant within the prior 12 months; the State must prove this by a preponderance of the evidence, and the finding goes into the court record and is reported to the Criminal Justice Information System Central Repository. Md. Code, Crim. Proc. § 6-233; Crim. Law §§ 3-202, 3-203 |
| Massachusetts | Assault or assault and battery on a family or household member is a separate crime. 'Family or household member' means people who are or were married, have a child in common, or are or have been in a substantive dating or engagement relationship. A first offense is punishable by up to 2 1/2 years in a house of correction, a fine up to $5,000, or both; a second or later offense is a felony punishable by up to 2 1/2 years in a house of correction or up to 5 years in state prison. Strangulation or suffocation of anyone is a separate felony punishable by up to 5 years in state prison (or 2 1/2 years in a house of correction or a $5,000 fine, or both), rising to up to 10 years and a fine up to $10,000 when it causes serious bodily injury, the victim is known to be pregnant, the person has a prior strangulation conviction, or a protective order is in effect. G.L. c. 265, §§ 13M, 15D |
| Michigan | Assault or assault and battery against a spouse or former spouse, a current or former dating partner, someone you share a child with, or a current or former household resident is domestic assault. A first offense is a misdemeanor with up to 93 days and/or $500; with one prior qualifying assault conviction it is a misdemeanor with up to 1 year and/or $1,000; with two or more priors it is a felony with up to 5 years and/or $5,000. Aggravated domestic assault (serious or aggravated injury, no weapon) is a misdemeanor with up to 1 year and/or $1,000, and a felony with up to 5 years and/or $5,000 if the person has one or more prior domestic assault convictions. Strangling or suffocating anyone is a felony punishable by up to 10 years and/or $5,000. MCL 750.81(2), (4)-(5), 750.81a(2)-(3), 750.84(1)(b) |
| Minnesota | Assault against a family or household member is the separate crime of domestic assault. It is a misdemeanor (up to 90 days and/or $1,000); a gross misdemeanor (up to 364 days and/or $3,000) if committed within ten years of a previous qualified domestic violence-related conviction; and a felony (up to five years and/or $10,000) within ten years of the first of two or more such prior convictions. Assaulting a family or household member by strangulation (intentionally impeding normal breathing or blood circulation by pressure on the throat or neck or blocking the nose or mouth) is a felony punishable by up to three years, a fine up to $5,000, or both. Minn. Stat. §§ 609.2242, subds. 1, 2, 4; 609.2247 |
| Mississippi | Assault against a current or former spouse, a person living or formerly living with the defendant as a spouse, a parent, grandparent, child or grandchild, a current or former dating partner, or a person who shares a child with the defendant is a separate offense. Simple domestic violence carries the same penalty as simple assault (up to $500 and/or six months in county jail) (§ 97-3-7(3)(a)); a third offense, with two prior qualifying convictions within seven years, is a felony punished by five to ten years (§ 97-3-7(3)(b)). Aggravated domestic violence, which includes strangling or attempting to strangle, is punished by two to 20 years in Department of Corrections custody (§ 97-3-7(4)(a)), and a fourth or later domestic violence offense by 15 to 20 years (§ 97-3-7(5)). Committing it in the presence of a child under 16 living in the home is an aggravating factor (§ 97-3-7(6)). Miss. Code Ann. § 97-3-7(3)-(6) |
| Missouri | Missouri has separate domestic assault crimes, in four degrees, when the victim is a 'domestic victim' (defined in § 565.002). Domestic assault in the fourth degree (for example attempting or recklessly causing physical injury or pain, putting the victim in fear of immediate injury, offensive contact, or isolating the victim by cutting off access to other people, phones or transportation) is a class A misdemeanor, but becomes a class E felony if the person has two or more prior findings of guilt for domestic assault, any assault, or an offense against a domestic victim. Attempting to cause physical injury or knowingly causing physical pain or illness to a domestic victim is third-degree domestic assault, a class E felony (up to four years). Knowingly causing physical injury by any means, including a deadly weapon or by choking or strangulation, is second-degree domestic assault, a class D felony (up to seven years). Attempting to kill or causing or attempting to cause serious physical injury is first-degree domestic assault, a class B felony, or a class A felony if serious physical injury is inflicted. RSMo §§ 565.072, 565.073, 565.074, 565.076 (versions in effect 10/27/2026); § 558.011 |
| Montana | Montana has a separate crime called partner or family member assault: purposely or knowingly causing bodily injury to, or reasonable fear of bodily injury in, a partner (spouse, ex-spouse, co-parent, or current or past dating or intimate partner) or a family member, or negligently injuring one with a weapon. A first offense carries a fine of $100 to $1,000 and 24 hours to 1 year in county jail; a second offense carries a fine of $300 to $1,000 and 72 hours to 1 year in jail. A third or subsequent offense is a felony-level offense with a fine of $500 to $50,000 and 30 days to 5 years (state prison if over 1 year). Strangling a partner or family member (impeding breathing or blood circulation by pressing on the throat or neck or blocking the nose and mouth) is a separate felony punishable by up to 5 years in state prison, a fine up to $50,000, or both, and 2 to 20 years for a second or subsequent offense. MCA §§ 45-5-206(1)-(3), 45-5-215 |
| Nebraska | Nebraska has a separate domestic assault crime when the victim is an intimate partner (a spouse, former spouse, someone who shares a child with the defendant, or a current or former dating partner). Third-degree domestic assault (intentionally, knowingly or recklessly causing bodily injury to an intimate partner, or threatening imminent bodily injury) is a Class I misdemeanor; it becomes a Class IIIA felony (up to three years) with one prior domestic assault conviction and a Class IIA felony (up to twenty years) with two or more. Second-degree domestic assault (bodily injury with a dangerous instrument, or recklessly causing serious bodily injury with one) is a Class IIA felony, or a Class II felony with a prior; first-degree domestic assault (intentionally and knowingly causing serious bodily injury) is a Class ID felony, or a Class IB felony with a fifteen-year mandatory minimum with a prior. Strangulation or suffocation of anyone (impeding breathing or blood circulation by pressing on the throat or neck, or covering the mouth and nose), even with no visible injury, is a Class IIIA felony, or a Class IIA felony if a dangerous instrument is used, serious bodily injury results, or the person has a prior conviction. Neb. Rev. Stat. §§ 28-323 (operative July 18, 2026), 28-310.01 (operative July 18, 2026), 28-105 |
| Nevada | Battery against a family or household member or dating partner is charged as battery which constitutes domestic violence (as defined in NRS 33.018). A first offense within 7 years is a misdemeanor with 2 days to 6 months in jail, 48 to 120 hours of community service and a $200 to $1,000 fine; a second offense within 7 years is a misdemeanor with 20 days to 6 months, 100 to 200 hours of community service and a $500 to $1,000 fine; and a third offense within 7 years is a category B felony punishable by 1 to 6 years in prison and a $1,000 to $5,000 fine. Domestic battery by strangulation is a category C felony (1 to 5 years), domestic battery causing substantial bodily harm is a category B felony (1 to 6 years), and a person with a prior felony domestic battery conviction faces a category B felony with 2 to 15 years. Offenders must attend certified batterer-treatment counseling (at least 6 months for a first offense), are told they may not possess firearms, and cannot get probation for a felony domestic battery. NRS 200.485(1)-(3), (5)-(6), (11)-(12); NRS 200.481; NRS 193.130 |
| New Hampshire | New Hampshire has a separate crime called domestic violence: committing listed acts, such as causing bodily injury or unprivileged physical contact, threats, unlawful confinement, violating a protective order, or blocking access to a phone to prevent a call for help, against a family or household member (spouse, ex-spouse, cohabitant, adult relative, person who shares a child) or an intimate partner (current or former romantic partner). It is a class A misdemeanor (up to one year and $2,000), or a class B felony (up to seven years) if the person uses or threatens to use a deadly weapon. Strangulation is charged as second degree assault, a class B felony, and when first or second degree assault is committed against an intimate partner or family or household member the conviction is recorded as 'assault-domestic violence.' Every domestic violence conviction carries an extra mandatory $50 fine. RSA 631:2-b; RSA 631:1, III; RSA 631:2, I(f), III; RSA 651:2 |
| New Jersey | New Jersey does not have a separate 'domestic assault' crime. 'Domestic violence' means one or more listed offenses — including assault, harassment, stalking, cyber-harassment, terroristic threats, criminal mischief, burglary and criminal trespass — inflicted by an adult or emancipated minor on a protected person: a spouse, former spouse, current or former household member, someone with whom the person has (or expects) a child, or a dating partner (§ 2C:25-19(a), (d)). The underlying offense keeps its normal grade (for example, simple assault is a disorderly persons offense). Choking or strangling a domestic violence victim — knowingly or recklessly obstructing breathing or blood circulation, such as by pressure on the throat or neck or blocking the nose or mouth, causing or attempting to cause bodily injury — is aggravated assault, a crime of the second degree (§ 2C:12-1(b)(13)), punishable by 5 to 10 years (§ 2C:43-6(a)). N.J.S. 2C:25-19(a), (d); N.J.S. 2C:12-1(b)(13); N.J.S. 2C:43-6(a) |
| New Mexico | New Mexico has separate offenses for assault and battery against a household member. Assault against a household member is a petty misdemeanor (up to six months in the county jail, a fine of up to $500, or both, § 31-19-1(B)) (§ 30-3-12). Battery against a household member is a misdemeanor (a definite term of less than one year in the county jail, a fine of up to $1,000, or both, § 31-19-1(A)); the offender must complete a domestic violence offender treatment or intervention program, and probation may last up to two years (§ 30-3-15). Aggravated assault against a household member (with a deadly weapon, or with intent to commit any felony) is a fourth degree felony (§ 30-3-13), and assault against a household member with intent to commit a violent felony is a third degree felony (§ 30-3-14). Aggravated battery against a household member is a misdemeanor when it causes painful temporary injury, and a third degree felony when it inflicts great bodily harm, is done with a deadly weapon, is committed by strangulation or suffocation, or is done in any manner whereby great bodily harm or death can be inflicted (§ 30-3-16). NMSA 1978, §§ 30-3-12, 30-3-13, 30-3-14, 30-3-15, 30-3-16; §§ 31-18-15, 31-19-1 |
| New York | New York does not have a separate domestic violence crime; violence against a family or household member is charged under the regular offenses, such as assault, harassment, menacing and stalking. Choking or blocking someone's nose or mouth with intent to impede breathing or blood flow is criminal obstruction of breathing or blood circulation, a class A misdemeanor, and becomes strangulation in the second degree, a class D felony (up to 7 years), when it causes stupor, loss of consciousness for any period of time, or any other physical injury or impairment. A misdemeanor 'specified offense' committed against a family or household member becomes aggravated family offense, a class E felony (up to 4 years), when the person has one or more prior convictions for a specified offense within the immediately preceding five years (not counting time incarcerated). N.Y. Penal Law §§ 121.11, 121.12, 240.75; § 70.00(2) |
| North Carolina | North Carolina charges domestic violence under its general assault laws, with several domestic-specific rules. Assaulting someone with whom the defendant has a personal relationship, in the presence of a minor, while inflicting serious injury or using a deadly weapon, is a Class A1 misdemeanor, and a second or later violation requires at least 30 days of active punishment; assault on a female by a male at least 18 is also a Class A1 misdemeanor. Assault that inflicts physical injury by strangulation is a Class H felony. Habitual misdemeanor assault, a Class H felony, applies to certain assaults causing physical injury when the person has two or more prior assault-related convictions, the earliest within 15 years. Knowingly violating a domestic violence protective order is a Class A1 misdemeanor, and a Class H felony after two prior convictions under the protective order law. N.C. Gen. Stat. §§ 14-33(c), 14-33(d), 14-32.4(b), 14-33.2, 50B-4.1(a), (d), (f) |
| North Dakota | North Dakota has a separate domestic violence offense for willfully causing injury to a family or household member. Causing bodily injury is a class B misdemeanor for a first offense, and a class A misdemeanor for a second or later domestic violence offense (including prior assault convictions involving domestic violence). Causing substantial bodily injury is a class A misdemeanor, and causing serious bodily injury is a class C felony (up to 5 years and $10,000). Causing substantial or serious bodily injury to a household member under twelve is a class B felony (up to 10 years and $20,000). Domestic violence charges must be prosecuted in district court, and the law also covers offenders under eighteen who dated or share a child with the victim. N.D.C.C. § 12.1-17-01.2; § 12.1-32-01 |
| Ohio | Ohio has a separate domestic violence offense: knowingly causing or attempting to cause physical harm to a family or household member, recklessly causing serious physical harm, or using threats of force to make a family or household member believe imminent physical harm will occur. Causing or attempting physical harm is a misdemeanor of the first degree for a first offense (threats are a fourth-degree misdemeanor). With one prior domestic violence conviction it becomes a fourth-degree felony, and with two or more priors a third-degree felony with a presumption of prison; if the offender knew the victim was pregnant, it is at least a fifth-degree felony with a mandatory prison term. Strangulation or suffocation is a separate felony: a fifth-degree felony at the lowest level, raised to a fourth-degree felony when the victim is a family or household member or dating partner, and a second-degree felony when it causes serious physical harm. R.C. 2919.25(A)-(D); 2903.18(B)-(C) |
| Oklahoma | Assault and battery against a current or former intimate partner or a family or household member is the separate crime of domestic abuse: up to one (1) year in county jail, a fine of up to Five Thousand Dollars ($5,000.00), or both. A second or subsequent domestic abuse conviction is a Class B5 felony (up to four (4) years in prison). It is also a felony when it involves strangulation or attempted strangulation (Class B5, one (1) to ten (10) years and a fine up to $20,000.00), results in great bodily injury (Class B3, up to ten (10) years), involves a dangerous weapon (Class B3, up to ten (10) years), is committed against a known pregnant woman (Class B5, up to five (5) years), or is part of a prior pattern of physical abuse (Class B3, up to ten (10) years). Domestic abuse in the presence of a child carries six (6) months to one (1) year in jail, and for every domestic abuse conviction the court must order an assessment by a batterers' intervention program (52-week minimum if ordered to attend). 21 O.S. §§ 644(C)-(J), 644.1 |
| Oregon | Oregon has no separate domestic-violence crime; assault, menacing and strangulation of a family or household member are charged under the regular statutes, and the judgment must note that the conviction constitutes domestic violence. Assault in the fourth degree, normally a Class A misdemeanor, becomes a Class C felony (up to 5 years) when, among other things, the assault is witnessed by a minor child, the person has a prior conviction for assaulting the same victim, the person has three or more prior assault convictions, or the person knows the victim is pregnant. Strangulation (knowingly impeding someone's normal breathing or blood circulation by pressure on the throat, neck or chest, or by blocking the nose or mouth) is a Class A misdemeanor, but a Class C felony when the victim is a family or household member, the act is witnessed by a minor child, the victim is under 10, a weapon is used, the person has listed prior convictions, or the victim is known to be pregnant. ORS 163.160(3)-(4), 163.187(1), (3)-(4), 163.190(3); 161.605 |
| Pennsylvania | Pennsylvania has no separate domestic-assault crime; assault on a family or household member is charged as simple or aggravated assault under the general statutes. Strangulation (knowingly or intentionally impeding another person's breathing or blood circulation by applying pressure to the throat or neck or by blocking the nose and mouth) is generally a misdemeanor of the second degree, but a felony of the second degree (up to 10 years) when committed against a family or household member as defined in 23 Pa.C.S. § 6102, and a felony of the first degree (up to 20 years) if, for example, the defendant was subject to an active protection-from-abuse order covering the victim or has a prior qualifying conviction. Harassment and stalking grades are raised one degree or become felonies when there is a prior protection-order violation or prior violent crime against the same victim or family or household member. 18 Pa.C.S. §§ 2718(a), (d), 2709(c), 2709.1(c); 1103 |
| Rhode Island | Rhode Island charges assault, vandalism, trespass and other crimes against a family or household member under the regular statutes, and adds the penalties of the Domestic Violence Prevention Act. Everyone convicted of a domestic violence crime must attend a batterers' intervention program at their own expense and pay a $125 assessment. A second misdemeanor domestic violence conviction carries a jail term of not less than ten (10) days and not more than one year that cannot be suspended, and a third or later violation is a felony punishable by not less than one year and not more than ten (10) years. Assault or battery by strangulation (impeding normal breathing or blood circulation by pressure on the throat or neck, or covering the nose or mouth) of a family or household member is domestic assault by strangulation, a felony punishable by up to ten (10) years in prison. R.I. Gen. Laws §§ 12-29-5(a)-(c), 11-5-2.3, 11-5-3(b) |
| South Carolina | Causing physical harm or injury to one's own household member, or offering or attempting to do so with apparent present ability, is criminal domestic violence. Third degree is a misdemeanor with a fine of $1,000 to $2,500, up to 90 days, or both. Second degree (moderate bodily injury, one prior domestic violence conviction within ten years, a protection-order violation, or aggravating circumstances such as a minor present, a pregnant victim, impeding the victim's breathing or air flow, or blocking access to a phone to call for help) is a misdemeanor with a fine of $2,500 to $5,000, up to three years, or both. First degree (great bodily injury, two or more prior convictions within ten years, use of a firearm, or those aggravating circumstances during a second-degree offense) is a felony punishable by up to ten years. Domestic violence of a high and aggravated nature (acting with extreme indifference to human life, for example with a deadly weapon or by choking or obstructing the nose or mouth) is a felony punishable by up to twenty years. S.C. Code §§ 16-25-20(A)-(D), 16-25-65 |
| South Dakota | South Dakota charges assault on a family or household member under the regular assault statutes, and the prosecutor must mark the complaint, warrant and judgment to show the charge involves domestic abuse. Domestic abuse covers physical harm, bodily injury or attempts to cause them, or causing fear of imminent harm, between spouses or former spouses, people in a significant romantic relationship now or in the past twelve months, people who have or are expecting a child together, parents and children, and siblings. A third simple assault within ten years is a Class 6 felony (up to two years), rising to a Class 4 felony for a fifth or later offense. Choking or strangling someone (restricting breathing or blood flow by pressure on the throat or neck, or covering the nose and mouth) to cause fear of death or serious harm is aggravated assault, a Class 3 felony punishable by up to fifteen years. SDCL 25-10-1(1), 25-10-3.1, 25-10-34, 22-18-1, 22-18-1.1(5) |
| Tennessee | Domestic violence is charged as domestic assault: an assault against a domestic abuse victim (current or former spouses, people who live or lived together, dating or sexual partners, relatives by blood, adoption or marriage, and their children). A first conviction is punished the same as assault. A second conviction (bodily-injury assault) carries a fine of $350 to $3,500 and confinement of not less than 30 consecutive days nor more than 11 months 29 days; a third or subsequent conviction is a Class E felony with mandatory confinement of at least 90 consecutive days and a fine of $1,100 to $5,000. The enhanced penalties do not apply if ten or more years passed since the previous qualifying violation. On conviction the judge must order the defendant to give up physical possession of all firearms within 48 hours. Choking or attempted strangulation during an assault is aggravated assault, a felony. Since January 1, 2026, a court may also order a person with a second conviction for an offense against a domestic abuse victim onto a public Tennessee Bureau of Investigation registry (Savanna's Law), with a $150 registration fee. Tenn. Code Ann. §§ 39-13-111(a)-(c); 39-13-102(a)(1)(A)(iv); Savanna's Law registry as described by the Tennessee General Assembly Fiscal Review Committee |
| Texas | Assault on a family member, household member or dating partner (as defined in the Family Code) is charged under the general assault law, usually a Class A misdemeanor (up to one year and $4,000). It becomes a third-degree felony (2 to 10 years) if the defendant has a prior conviction for an offense against such a person, or if the assault involved impeding normal breathing or blood circulation by pressing on the throat or neck or blocking the nose or mouth (choking or strangulation); choking with a prior conviction is a second-degree felony (2 to 20 years). Assaulting a family, household or dating victim two or more times within 12 months is continuous violence against the family, a third-degree felony. Aggravated assault with a deadly weapon that causes serious bodily injury to a family member is a first-degree felony. Tex. Penal Code §§ 22.01(b)(2), (b-3); 22.02(b)(1)(A); 25.11(a), (e); 12.21, 12.33, 12.34 |
| Utah | Utah does not have one domestic-violence crime; an ordinary offense such as assault or criminal mischief committed against a cohabitant is a domestic violence offense with step-up penalties for repeat offenders. A class B misdemeanor domestic violence offense becomes a class A misdemeanor if committed within 10 years of a prior domestic violence conviction (five years if the prior was a property-damage offense), and a class A misdemeanor offense becomes a third degree felony (up to five years) in that situation; a class B misdemeanor assault-type offense becomes a third degree felony with two qualifying prior convictions. Choking or strangling anyone is aggravated assault, a third degree felony, or second degree if it causes loss of consciousness. Committing serious domestic violence (including choking) in the presence of a child is a separate third degree felony, and other domestic violence in the presence of a child is a class B misdemeanor for each child present. Utah Code §§ 77-36-1.1(2)-(4); 76-5-103(2)(b)(ii), (3); 76-5-114 |
| Vermont | Domestic assault is attempting to cause or willfully or recklessly causing bodily injury to a family or household member, or willfully causing one to fear imminent serious bodily injury; it is punishable by up to 18 months in prison, a fine up to $5,000, or both. Second degree aggravated domestic assault, a felony punishable by up to five years and $10,000, applies when the assault violates a protective court order or the person has a prior domestic assault conviction (or a prior abuse-order violation within 10 years). First degree aggravated domestic assault, punishable by up to 15 years and $25,000, applies to causing or attempting serious bodily injury, using or threatening with a deadly weapon, or a repeat offender with a prior aggravated domestic assault conviction. Strangulation (impeding breathing or blood flow by pressure on the throat or neck or blocking the nose or mouth) counts as serious bodily injury. 13 V.S.A. §§ 1042, 1043, 1044, 1021(a)(2)(B) |
| Virginia | Assault and battery against a family or household member is a separate offense and a Class 1 misdemeanor (up to 12 months in jail and/or a fine up to $2,500). It becomes a Class 6 felony (1 to 5 years, or up to 12 months in jail and/or a $2,500 fine) when the person has two prior convictions for domestic assault and battery, malicious or unlawful wounding, strangulation or similar offenses, committed on different dates within 20 years of each other. When a warrant is issued, the magistrate must issue an emergency protective order (unless the defendant is a minor). Strangulation or suffocation (applying pressure to the neck or blocking the airway without consent, impeding breathing or blood circulation and causing wounding or bodily injury) is a Class 6 felony regardless of relationship. Va. Code §§ 18.2-57.2(A)-(D), 18.2-51.6, 18.2-10, 18.2-11 |
| Washington | Domestic violence in Washington is a designation added to an existing crime (such as assault, harassment, malicious mischief, trespass or stalking) when it is committed by a family or household member or an intimate partner, including spouses, former spouses, people with a child in common, and current or former dating partners age 16 or older; it is not a separate crime. Fourth-degree assault (normally a gross misdemeanor, up to 364 days and $5,000) becomes a class C felony (up to 5 years and $10,000) when domestic violence against an intimate partner is pleaded and proven and the person has two or more prior adult convictions within ten years for repetitive domestic violence offenses, harassment, or first- to third-degree assault. Assault by strangulation or suffocation is second-degree assault, a class B felony (up to 10 years and $20,000). RCW 10.99.020, 9A.36.041(3), 9A.36.021(1)(g), 9A.20.021 |
| West Virginia | Hitting or threatening a family or household member is charged as separate offenses: domestic battery (misdemeanor, up to 12 months in jail, a fine of up to $2,000, or both) and domestic assault (misdemeanor, up to 6 months in jail, a fine of up to $500, or both). A second offense raises the penalty (domestic battery: 60 days to 1 year in jail, a fine of up to $4,000, or both; domestic assault: 30 days to 6 months, a fine of up to $1,000, or both). A third or later offense is a felony punishable by 2 to 10 years in prison, a fine of up to $5,000, or both, if it occurs within 20 years of a prior qualifying offense. Strangulation is a separate felony; against a family or household member it carries 2 to 10 years in prison. W. Va. Code §§ 61-2-28(a)-(e), 61-2-9d(b)-(c) |
| Wisconsin | Wisconsin has no separate domestic battery crime; violence against a family or household member is charged under the regular offense (for example battery, a Class A misdemeanor) and treated as domestic abuse. A person who commits a domestic abuse crime within 72 hours after a domestic abuse arrest, or who has been convicted of domestic abuse crimes on two or more separate occasions in the previous 10 years, is a domestic abuse repeater: the maximum prison term may be increased by up to 2 years, and the increase turns a misdemeanor into a felony. Strangulation or suffocation (intentionally impeding normal breathing or blood circulation by pressure on the throat or neck or blocking the nose or mouth) is a Class H felony (up to 6 years), or a Class G felony (up to 10 years) with a prior strangulation or violent-crime conviction. Battery to someone who obtained a domestic abuse injunction against the offender is a Class I felony. Wis. Stat. §§ 939.621, 940.235, 940.61(1), 939.50(3) |
| Wyoming | Wyoming has separate offenses for household members. Domestic battery (knowingly or recklessly causing bodily injury to a household member by physical force) is punishable by up to six (6) months in jail and a $750 fine for a first offense; up to one (1) year and $1,000 if within the previous five years the person was convicted of domestic battery or a listed violent offense against a household member; and is a felony punishable by up to ten (10) years and a $10,000 fine if within the previous ten years the person has two or more domestic battery convictions, or one domestic battery plus another listed offense against a household member. Domestic assault (attempting to cause bodily injury to a household member) carries up to six months and $750, or up to one year and $750 with a prior. Strangulation of a household member (impeding breathing or blood circulation by pressure on the throat or neck or blocking the nose and mouth) is a felony punishable by up to ten (10) years. W.S. 6-2-509, 6-2-510, 6-2-511(b)(i)-(iii) |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.