What are the possible penalties for a conviction?
It depends on the level of misdemeanor or felony in the resulting conviction. Crimes are placed on a scale of severity and the sentence can run the gamut form probation, to county jail, to prison. If the accused has prior convictions for domestic violence, a fourth conviction can be prosecuted as a felony offense. If a person is convicted of an offense which would otherwise be a domestic violence misdemeanor and has already been previously convicted three times of acts of domestic violence, the person may be considered a habitual domestic violence offender and a misdemeanor may be increased to a class 5 felony. If the person is found by the court to be an habitual domestic violence offender, the court would then sentence in the presumptive range for a class 5 felony or 1 to 3 years in the Department of Corrections. The DA has to give notice to the accused that they intend to do this. The DA may amend the charges upward if the accused has a significant domestic violence criminal. A find
