HB 1007, introduced by Rep. Duncan, enhances the penalty for domestic battery from a Class A misdemeanor to a Class D felony (from Class D felony to Class C felony with a prior offense.)
Without offering an opinion on whether it’s appropriate for this crime, there does seem to be a sort of penalty creep where penalties move up the scale. It’s a way of expressing frustration frustration that a crime is still happening. I have my doubts as to whether a person contemplating a crime really reflects much on the extent of the penalty when deciding whether or not to commit the offense.
Another issue is the wisdom of separating domestic battery from other forms of battery. No doubt domestic battery is a major problem (probably the biggest violence problem in many communities), but treating it as different than any other act of violence may be part of the problem. When a victim of violence is particularly helpless (e.g. a young child or an a bed-ridden adult) I can certainly see that factor as aggravating. But I wonder if it would be better to treat domestic battery exactly the same as any other battery.
A plausible deniability claim of the authors of this bill and legislators voting for it, if claiming ignorance of the state of affairs, may not be believed by those numerous men, falsely accused of domestic battery for the purpose of financial gain for the ‘child support’ payments and custody, with the help of lawyers and Title -IVD government agencies benefiting from misfortune of these men.
Why not to expect a practical but cynical female not to fake a domestic battery, if there is no risk of being caught, as lawyers and courts financial interests align along with hers, with clear benefit in gaining often hunders of thousands of dollars that can be useful among other things in attracting services of younger hunks, instead of serving dinner to out-of-shape tired professional.