2nd Degree Assault- Domestic Violence: Class B Felony, unless sexual motivation (rape) was the reason for the assault. A person charged with Assault in the 2nd degree is typically alleged to have intentionally assaulted another and thereby recklessly inflicted substantial bodily harm, assaulted another with a deadly weapon, with intent to commit a felony, or assaulted another by strangulation or suffocation. 2nd degree assault is punishable by up to ten years incarceration and a fine of $20,000 and loss of gun rights.
FELONY: This charge is a felony and will be handled at the Superior Court of your county. It is the most frequently and commonly filed domestic violence felony. There are three reasons why a domestic violence assault will be charged as a 2nd degree felony, rather than a misdemeanor.
Injury: First, is injury to the alleged victim. If the alleged victim has a broken bone, broken nose or received stitches then the assault is generally charged as Domestic Violence Assault second degree.
Choking or Strangulation: Second, if there is an allegation of choking or blocking of the airway of the victim then the crime will generally be charged as Domestic Violence Assault 2nd degree. This is because death is possible very quickly in instances of choking and strangulation.
Domestic Violence History: Third, police officers always ask the alleged victim if there have been other instances of domestic violence in the relationship. If there has been then police officers will often fill out a supplemental "domestic violence history" form and attach it to the police report.