DV 2nd Degree can be charged when DV 3/Base Offense is accompanied by which condition?

DV 2nd Degree can be charged when DV 3/Base Offense is accompanied by which condition?

• A. Moderate bodily injury
• B. The absence of injury
• C. One prior DV conviction in the past 10 years
• D. None of the above

Answer: (C)

When charging DV offenses, there are ways to raise the charge level based on a defendant’s history. A base DV offense classified as a third-degree offense can be upgraded to a second-degree offense when there is a repeat- offender enhancement tied to a prior domestic violence conviction within a recent time frame. The specific condition here—one prior DV conviction in the past 10 years—provides that needed aggravating factor, signaling pattern or increased risk and justifying the higher charge. Moderate bodily injury can be a factor in some statutes, but this scenario relies on the prior-conviction enhancement rather than injury severity. Absence of injury does not trigger the upgrade, and thus the only condition that matches the rule described is the prior DV conviction within 10 years.

When charging DV offenses, there are ways to raise the charge level based on a defendant’s history. A base DV offense classified as a third-degree offense can be upgraded to a second-degree offense when there is a repeat- offender enhancement tied to a prior domestic violence conviction within a recent time frame. The specific condition here—one prior DV conviction in the past 10 years—provides that needed aggravating factor, signaling pattern or increased risk and justifying the higher charge.

Moderate bodily injury can be a factor in some statutes, but this scenario relies on the prior-conviction enhancement rather than injury severity. Absence of injury does not trigger the upgrade, and thus the only condition that matches the rule described is the prior DV conviction within 10 years.