Suburban Law Enforcement Academy (SLEA) BA State Certification Practice Exam

What action qualifies domestic battery to be elevated to aggravated domestic battery?

1. Use of a weapon

2. Strangulation

3. Repeated harm to the same person

4. Threat of violence

The correct answer is: Strangulation

Strangulation is a significant factor that qualifies domestic battery to be elevated to aggravated domestic battery due to the severe implications associated with this act. Strangulation suggests a higher level of violence and a more immediate threat to a victim's life. It implies that the aggressor has gone beyond mere physical harm and has engaged in an act that can lead to serious injury or even death. This is recognized within domestic violence laws as a critical marker of escalating violence, as it not only causes physical harm but also carries psychological implications for the victim, contributing to the overall severity of the offense. The other actions, while serious, do not carry the same legal weight when it comes to elevating domestic battery to aggravated status. The use of a weapon typically involves an element of intent to harm, but the nature of strangulation represents an immediate and lethal threat that is particularly concerning in domestic situations. Repeated harm to the same person can be indicative of a pattern of abuse, and the threat of violence may instill fear, but they lack the direct physical violence and life-threatening nature that strangulation embodies, which is why strangulation is specifically highlighted in legal definitions as a factor for aggravation.