If a person has once been convicted of assault family violence the next assault involving family violence becomes a third degree felony.

An aggravated assault could, possibly, have a victim who is a family member.

Same defendant, previously convicted (or deferred) on an aggravated assault against a family member, now gets a misdemeanor arrest for assault family violence.

How do you know this individual has previously been convicted (or deferred) on the agg assault?

I'm not sure what you're asking, but, at the risk of sounding stupid, get the records? If you're trying to figure out if the prior victim of the agg assault was a family member, you won't find that in the judgment or charging instrument (unless you're really lucky). You could do a little investigation into the defendant's background to see if anything on the relationship turns up. Also, if a thorough PSI was done, you could find a wealth of information. If you can get the police report from the case, that might help too. There is no need for an affirmative finding of family violence in the prior assault conviction or deferred if you can prove it up with other evidence.

Good luck. If I'm completely off base, let me know and maybe (!!) I can help more.

I guess what I'm looking for is if anybody else has a method that captures the info. The question was asked by our misdemeanor intake attorney. Getting the records was the only way I would know of being able to find the information, I was hoping someone smarter had figured out an easier way. (Just lazy, I guess.)

Does it matter? Can you enhance it anyway? See page 3 of this forum under the topic "Hit me again". If you find a way to enhance it, let us know.