PC §109(A) - AGGRAVATED DOMESTIC VIOLENCE

CLASS B MISDEMEANOR

(a) Definition

"Aggravated Domestic Violence" shall mean any act of domestic violence, as defined in PC 109 of this code, which is committed under circumstances that elevate the offense to a higher degree of severity.

(b) Elements of the Offense

To establish the offense of aggravated domestic violence, the prosecution must prove beyond a reasonable doubt the following elements in addition to those required for a standard domestic violence charge:

1. That the act of domestic violence resulted in serious bodily injury to the victim; or

2. That the act of domestic violence involved the use or attempted use of a deadly weapon; or

3. That the defendant has previously been convicted of domestic violence offenses against the same victim or another household or family member.

(d) Penalties

Violation of this section shall be punishable by:

• Restitution to the victim for any damages or losses incurred.

(e) Aggravating Factors

(1) The court shall impose enhanced penalties if the act of aggravated domestic violence involved aggravating circumstances, such as the infliction of serious bodily injury, the use of a deadly weapon, or the defendant's prior history of domestic violence.

(2) The court shall consider any aggravating factors, including but not limited to the defendant's prior criminal history, the vulnerability of the victim, and the impact of the offense on any children involved, in determining the appropriate sentence.

Penalties

Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:

JAIL TIME

80 SECONDS OF JAIL TIME.

BOND SET

$8,000.00