Any person who attempts to cause or willfully or recklessly causes bodily injury to
a family or household member or willfully causes a family or household member to fear
imminent serious bodily injury shall be imprisoned not more than 18 months or fined
not more than $5,000.00, or both. (Added 1993, No. 95, § 2; 2007, No. 174 (Adj. Sess.), § 5.)
State v. Baron, 2004 VT 20 (Vt. 2004). · cites it 5דThe following day, the State charged deféndant under 13 V.S.A. § 1042, alleging that he had recklessly caused injury to his son.”
State v. Onix Fonseca-Cintron, 2019 VT 80 (Vt. 2019). · cites it 4ד§ 1043(a)(1) (Count 1) and recklessly causing bodily injury to a family or household member in violation of 13 V.S.A. § 1042 (Count 3), are duplicative and both convictions cannot stand.”
State v. Brillon, 2008 VT 35 (Vt. 2008). · cites it 2ד13 V.S.A. § 1042. Due to a combination of circumstances, however, defendant was charged with an enhanced felony and then as a habitual offender facing a potential life sentence.”
In Re Miller, 2009 VT 36 (Vt. 2009). · cites it 2ד2d 275 , to criminalize slapping one's child in the face as a domestic assault in violation of 13 V.S.A. § 1042, while excluding the same act from the definition of actionable child abuse under the abuse prevention statutes, 15 V.”
State v. West, 667 A.2d 540 (Vt. 1995). · cites it 4דDefendant appeals his conviction by court of domestic assault in violation of 13 V.S.A. § 1042. He argues that (1) his jury trial waiver was invalid because the court failed to comply with V.”
State v. Kerri Nicholas, 2016 VT 92 (Vt. 2016). · cites it 2דOn appeal, he argues that the child-cruelty conviction should be reversed because the trial court’s jury instructions allowed for a non-unanimous verdict, and that the State’s conduct during the trial created a risk of undue prejudice with respect to both counts.”
State v. Brillon, 2010 VT 25 (Vt. 2010). · cites it 2דMisdemeanor domestic assault is defined in 13 V.S.A. § 1042 as actions causing "bodily injury to a family or household member," and carries a penalty of not more than eighteen months in prison or a fine of not more than $5000.”
In Re Torres, 2004 VT 66 (Vt. 2004). · cites it 2ד13 V.S.A. § 1042 (penalty for domestic assault is a maximum one year in prison or a maximum $5,000.”
State v. Hendricks, 787 A.2d 1270 (Vt. 2001). · cites it 2דAs applicable in Sanders , 13 V.S.A. § 1042, domestic assault, is defined as "wilfully causes a family or household member to fear imminent serious bodily injury.”
State v. Shawn Kelley, 2016 VT 58 (Vt. 2016). · cites it 2דThe jury convicted defendant of domestic assault under 13 V.S.A. § 1042. Subsequently, defendant filed a combined post-trial motion for judgment of acquittal and for a new trial.”
State v. LaPrade, 2008 VT 83 (Vt. 2008). · cites it 2ד” Based on the events of April 29, defendant ultimately pled guilty to misdemeanor domestic assault, 13 V.S.A. § 1042, and was sentenced to two to twelve months’ imprisonment.”
State v. Donaghy, 769 A.2d 10 (Vt. 2000). · cites it 4דDefendant Kenneth Donaghy appeals from his conviction of domestic assault under 13 V.S.A. § 1042. He seeks a new trial on the grounds that: (1) the evidence was insufficient to prove the element of "attempt" beyond a reasonable doubt, and (2) the trial court failed to properly…”
State v. Onix Fonseca-Cintron, 2019 VT 80 (Vt. 2019). “§ 1043(a)(1) (Count 1) and recklessly causing bodily injury to a family or household member in violation of 13 V.S.A. § 1042 (Count 3), are duplicative and both convictions cannot stand.”
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