Felony Domestic Battery in Idaho

Being accused of felony domestic battery in Idaho is a serious, high-stakes criminal charge. These cases move fast, often start with a sudden arrest, and commonly come with no-contact orders, restrictive bond conditions, and immediate consequences at work and at home.

Boise DV Defense represents people facing domestic violence allegations throughout Ada County and the Treasure Valley. Call 208-392-1964 to talk through what you're dealing with.

What counts as “domestic battery” in Idaho?

“Domestic battery” is not a standalone definition—it's a battery allegation where the alleged victim is a household member under Idaho's domestic violence statute.

Battery Idaho Code § 18-903

Idaho defines battery broadly. It can include:

the willful and unlawful use of force or violence,
intentional and unlawful touching or striking against someone's will, or
intentionally causing bodily harm.

Household member Idaho Code § 18-918

For domestic violence charges, “household member” generally includes:

spouse or former spouse,
someone you had a child with,
someone you are living with while dating

When does domestic battery become a felony in Idaho?

There are multiple paths to a felony filing. The most common are:

1) “Traumatic injury” felony domestic battery - Idaho Code § 18-918(2)

If the State alleges you committed a battery against a household member and inflicted a “traumatic injury,” that is charged as a felony.

Idaho defines “traumatic injury” broadly—a wound or external or internal injury, minor or serious, caused by physical force. In practice, any visible injury qualifies as a traumatic injury.

Real-world impact: prosecutors may treat bruising, swelling, or other relatively minor injuries as “traumatic injury,” making the case a felony on day one.

2) Third domestic battery/assault within the lookback period - Idaho Code § 18-918(3)

Even without traumatic injury, domestic battery can become a felony if the person has two prior domestic battery convictions within fifteen (15) years of the first conviction.

3) Re-offense after a prior felony DV / attempted strangulation - Idaho Code § 18-918(5)

If someone has a prior felony DV conviction under § 18-918 or attempted strangulation under § 18-923, then a further DV violation within 15 years can trigger a more severe felony exposure.

Attempted strangulation is a separate felony

In Idaho, attempted strangulation is its own felony charge and is commonly filed in domestic violence investigations.

Under Idaho Code § 18-923, it's a felony to willfully and unlawfully choke or attempt to strangle:

a household member, or
a person you have or had a dating relationship with.

Two important features of the statute:

No injuries are required to prove the charge.
The State does not have to prove intent to kill—only intent to choke/attempt to strangle.

Possible punishments for felony domestic battery in Idaho

Sentencing depends on your record, the allegation details, and how the case resolves (dismissal, plea, or trial). Here are the statutory maximums:

Felony domestic battery with traumatic injury - Idaho Code § 18-918(2)

Up to 10 years in prison and/or up to a $10,000 fine.

“Third offense” felony domestic battery - Idaho Code § 18-918(3)

Up to 5 years in prison and/or up to a $5,000 fine (when it's the third qualifying DV conviction in the statutory time window).

Repeat felony DV exposure - Idaho Code § 18-918(5)

Up to 20 years in prison and/or up to a $10,000 fine.

Attempted strangulation (Idaho Code § 18-923)

Up to 15 years in prison.
If there is a qualifying prior felony history, the statute can increase exposure to up to 20 years and/or a $10,000 fine.

“In the presence of a child” penalty doubling

Idaho law allows doubling maximum penalties for domestic battery and attempted strangulation when the act occurred “in the presence of a child” as defined by the statutes.

Other consequences beyond jail and fines

Felony DV cases create immediate, practical problems that often matter as much as the final sentence.

No-contact orders and separate new charges

In many DV cases, the court issues a no-contact order. Violating it can be charged separately:

typically a misdemeanor up to 1 year jail and/or $1,000 fine,
but it can become a felony for repeat violations within the statute's time window.

Court-ordered evaluations and counseling

A DV conviction triggers an evaluation process, and courts may order treatment depending on the evaluation and the case facts.

Firearm rights

Domestic violence convictions can trigger federal firearm prohibitions, including the specific prohibition tied to misdemeanor crimes of domestic violence, often called the Lautenberg Amendment.

Bottom line: firearm issues are a predictable DV collateral consequence and should be addressed early in the case.

Employment, licensing, housing, and family-life fallout

Even before the case ends, felony DV allegations can affect:

employment background checks and job security,
professional licensing,
housing applications,
custody/parenting-time dynamics especially when no-contact orders or children are involved.

What to do if you're being investigated or charged

Do not “explain it” to police to try to fix it—DV cases are built on statements.
Follow the no-contact order exactly - even if the other person reaches out.
Preserve evidence: texts, call logs, photos, medical records, social media messages.
Get counsel early—early intervention often changes charging decisions and bond conditions.

Talk to a Boise felony domestic battery defense lawyer

If you're facing a felony domestic battery allegation in Boise or Ada County, you need a plan that accounts for:

the statutory felony triggers,
bond and no-contact order strategy,
and collateral consequences.

Give us a call today if you or a loved one are struggling with domestic violence charges to see how we can help.

Felony Domestic Battery