Is domestic battery a felony? Vancouver, Washington residents ask this question the moment police lights flash outside a home. The answer depends on where an incident falls along Washington’s spectrum of “domestic violence assault,” a scale that runs from a gross-misdemeanor fourth-degree charge to a Class B felony when strangulation, weapons, or serious injuries are proven. This in-depth guide explains every level, penalty, and defense so you can make informed decisions—then shows how the attorneys, paralegals, and professionals at BFQ Law Washington can help at every turn.
Table of Contents
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- » Domestic Battery Basics in Washington
- » When Does Domestic Battery Become a Felony?
- » Felony vs Misdemeanor Domestic Battery
- » Penalties, Sentencing, and Alternatives
- » Arrest to Trial: Vancouver, WA Court Process
- » Key Domestic Battery Terminology
- » Defense Strategies That Work
- » Firearms, No-Contact Orders, and Repeat Offenses
- » Local Resources for Victims & Accused
- » Frequently Asked Questions
- » Talk to BFQ Law Washington
Domestic Battery Basics in Washington
The phrase domestic battery is not used in Washington statutes; instead, prosecutors charge Assault in the Fourth Degree when the physical contact causes pain, injury, or offensive touching to an intimate partner or household member. This is a gross-misdemeanor carrying up to 364 days in the Clark County Jail and a $5,000 fine.
Key points Vancouver residents should know:
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- Mandatory arrest: RCW 10.99.030 requires police to arrest a suspected primary aggressor within four hours of a domestic violence call.
- Immediate no-contact order: The court issues a pre-trial order barring contact with the alleged victim, often including a residence exclusion.
- Prosecutor’s discretion: Even if a partner recants, Clark County prosecutors can proceed when evidence exists—body-cam video, 911 audio, or witness statements.
When Does Domestic Battery Become a Felony?
Washington law upgrades domestic violence assault to a felony when aggravating factors appear. The most common path is Assault in the Second Degree, a Class B felony punishable by up to 10 years in prison and a $20,000 fine when prosecutors prove strangulation, suffocation, or substantial bodily harm. A violation of a domestic-violence protection order that creates a substantial risk of serious injury becomes a Class C felony under RCW 7.105.450.
Other felony triggers include:
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- Use of a deadly weapon
- Assault on a child present
- Two prior domestic violence convictions within 10 years—exposing a defendant to sentence multipliers for repeat domestic-violence offenders.
The question is domestic battery a felony in Washington state depends on these facts—as well as prosecutorial filing decisions in the Clark County Superior Court in Vancouver. In short, domestic battery can be charged as a felony when the case involves serious injury, strangulation, weapons, prior convictions, or certain protective-order violations.
Felony vs Misdemeanor Domestic Battery
The difference between misdemeanor and felony domestic battery charges centers on injury level, prior history, and protective-order status. The chart below shows core distinctions:
| Factor | Misdemeanor (Assault 4°) | Felony (Assault 2°/Class C Order Violation) |
|---|---|---|
| Maximum Jail/Prison | 364 days | 5–10 years |
| Criminal Record Impact | Gross-misdemeanor | Serious violent felony |
| Firearm Rights | Loss under federal law if DV conviction | Automatic surrender under RCW 9.41.800 |
| Court Level | District/Municipal | Superior |
Understanding this felony vs misdemeanor domestic battery distinction early can shape defense strategy and plea negotiations.
Penalties, Sentencing, and Alternatives
A first-time felony domestic-violence conviction in Washington typically starts at a standard-range of 3–9 months in state prison, but the stakes rise fast with aggravators or prior convictions. Sentencing enhancements include:
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- Domestic Violence Aggravator: Allows a judge to exceed the standard range when the victim is particularly vulnerable or the assault shows a pattern of abuse.
- Repetitive Offender Score: Prior “repetitive domestic violence offenses” boost the offender score under RCW 9.94A.525, lengthening prison terms.
- Firearm & Weapon Enhancements: Additional time when a gun or deadly weapon is used.
Washington does offer sentencing alternatives like the Parenting Sentencing Alternative (RCW 9.94A.655) for eligible caregivers, and community-based Domestic Violence Batterer’s Treatment programs regulated by state guidelines.
Prison isn’t inevitable. A skilled defense team can explore reduced charges, deferred sentences, or the Domestic Violence Felony Sentencing Alternative when available.
Arrest to Trial: Vancouver, WA Court Process
Here is the typical timeline Clark County residents face after a domestic-violence arrest:
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- Arrest & Booking: Mandatory arrest under RCW 10.99.030; bail often set within 24 hours.
- First Appearance: Judge reviews probable cause and decides on bail, no-contact orders, and firearm surrender.
- Arraignment: Formal reading of charges; plea is entered.
- Pre-Trial Conferences: Discovery exchanged, plea offers negotiated.
- Trial: Superior Court jury hears felony cases; District Court hears misdemeanors.
Throughout the process, BFQ Law Washington guides clients from offices at 900 Washington Street, Suite 117, Vancouver, WA 98660. Schedule your consultation here.
Key Domestic Battery Terminology
The following glossary helps you spot legal terms that often appear in charging papers and police reports. Each phrase is used naturally in this article to boost clarity and search reach:
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- domestic battery felony
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- felony domestic violence
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- aggravated domestic battery
- domestic assault felony
- domestic abuse felony
- domestic battery penalties
- felony vs misdemeanor domestic battery
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- what makes domestic battery a felony
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- felony domestic violence charges in Vancouver WA
- is strangulation domestic battery a felony
- domestic battery with prior convictions felony
- domestic battery involving weapon penalty
- difference between misdemeanor and felony domestic battery charges
- how long is prison for felony domestic battery
- domestic battery felony sentencing alternative Washington
- domestic battery fourth degree upgraded to felony
- domestic violence assault family violence felony class
- is domestic violence a felony or misdemeanor in WA
- felony domestic abuse laws Washington
- domestic violence assault 4th degree
- RCW domestic violence statutes
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- class B felony domestic violence
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- domestic violence protection order violation
- no-contact order felony
- repeat domestic violence offender
- corporal injury to spouse
- intimate partner violence laws
- domestic violence strangulation charge
- spousal battery legal definition
- criminal domestic violence charges
- household member assault law
- felony assault bodily harm
Learning this vocabulary helps you ask precise questions when you meet with counsel.
Defense Strategies That Work
No two cases are identical, but successful defenses often center on:
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- Self-Defense or Defense of Others: Evidence you reasonably believed force was necessary.
- False Accusations: Demonstrating motive to fabricate or inconsistencies in 911 recordings.
- Evidentiary Challenges: Suppressing statements obtained without Miranda warnings.
- Plea Negotiations: Reducing charges from felony to misdemeanor domestic battery when injuries are minor.
Because domestic battery involving weapon penalty enhancements can add years, early intervention by counsel is key.
Firearms, No-Contact Orders, and Repeat Offenses
Federal law 18 U.S.C. § 922(g)(9) bars anyone convicted of even a misdemeanor domestic violence crime from possessing firearms. Washington courts reinforce that prohibition with mandatory surrender orders under RCW 9.41.800.
Violating a no-contact order after two prior infractions elevates the charge to a Class C felony. Repeat offenders also face multiplier sentencing.
Because domestic violence strangulation charge cases almost always trigger mandatory prison ranges, proper mitigation packets (treatment, counseling, character letters) can shift outcomes.
Local Resources for Victims & Accused in Vancouver, WA
Whether you are seeking safety or defending against allegations, local resources matter:
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- Clark County Sheriff’s Domestic Violence Unit — Safety plans, court escort, and statistics.
- Vancouver Police Domestic Violence Assistance — Victim notification through VINElink.
- CDC Intimate Partner Violence Facts — National data on health impacts.
BFQ Law Washington bridges clients to counseling and treatment providers approved under state rules.
Frequently Asked Questions
Is domestic battery a felony or misdemeanor in WA?
It may start as a gross-misdemeanor but escalates to a felony when prosecutors prove strangulation, weapon use, serious injuries, or repeat offenses. See RCW 9A.36.021 and RCW 7.105.450.
How long is prison for felony domestic battery?
Standard-range sentences run from 3 to 9 months, but aggravators, weapon enhancements, or repeat-offender multipliers can extend prison time to 10 years.
Is strangulation domestic battery a felony?
Yes. Strangulation is specifically listed in RCW 9A.36.021 as Assault 2°, a Class B felony.
What makes domestic battery a felony in Washington?
Aggravating factors include substantial bodily harm, weapon use, protective-order violations, and prior convictions.
Can I get charges reduced to misdemeanor domestic battery?
Possibly. Early evidence review, treatment enrollment, and negotiation can lead prosecutors to amend felony counts to Assault 4° or dismiss enhancements.
Talk to BFQ Law Washington
Felony domestic battery charges threaten freedom, firearm rights, and family stability. Our Vancouver-based team at BFQ Law Washington—attorneys, paralegals, and professionals—crafts tailored defense plans the moment charges hit. Call (564) 888-4452 or email WA@BFQLaw.com, or book your consultation online today. Know your rights, protect your future.
