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Vermont Statutes Annotated

Vt. Stat. Ann. tit. 13, § 1044 (2026)

✓ current as of May 2026
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Subchapter 006 : DOMESTIC ASSAULTS

(Cite as: 13 V.S.A. § 1044)
Notes of Decisions
Cited in 30 cases (6 in the last 5 years), 1998–2025 · leading case: State v. Brillon, 2010 VT 25 (Vt. 2010).
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State v. Brillon, 2010 VT 25 (Vt. 2010). · cites it 12× “§ 1044(a)(1) (enhancing domestic assault to second-degree aggravated domestic assault if the person commits domestic assault that causes bodily injury to another person and, in doing so, "violates specific conditions of a criminal court order in effect at the time of the offense…”
In Re Torres, 2004 VT 66 (Vt. 2004). · cites it 6× “Defendant Andres Torres appeals from a summary judgment order of the Chittenden County Superior Court denying his claim for post-conviction relief from a second degree aggravated domestic assault conviction under 13 V.S.A. § 1044(a)(2). Defendant claims that the statute’s…”
State v. Hendricks, 787 A.2d 1270 (Vt. 2001). · cites it 6× “" The day after the alleged assault, defendant was arraigned on a charge of second degree aggravated domestic assault, in violation of 13 V.S.A. § 1044(a)(2). [2] In April 1999, while the case was pending, defendant was arraigned on new charges, including one felony count…”
State v. Brillon, 2008 VT 35 (Vt. 2008). · cites it 2× “See 13 V.S.A. § 1044(a)(1) (providing that a person is guilty of second-degree aggravated domestic assault if the person commits domestic assault that causes bodily injury to another person and, in doing so, "violates specific conditions of a criminal court order in effect at…”
State v. Breed, 2015 VT 43 (Vt. 2015). · cites it 4× “The governing statute, 13 V.S.A. § 1044, lists several aggravating factors that elevate the crime of domestic assault to second-degree aggravated domestic assault.”
State v. Swift, 844 A.2d 802 (Vt. 2004). · cites it 3× “Defendant appeals his conviction for one count of second-degree aggravated domestic assault in violation of 13 V.S.A. § 1044, and two counts of obstruction of justice for threatening a witness in violation of 13 V.”
State v. Daniel L. Larkin, 183 A.3d 589 (Vt. 2018). · cites it 2× “§ 1043(a)(1) and second-degree aggravated domestic assault under 13 V.S.A. § 1044(a)(2)(B). Both charges arose from a series of events on the night of December 8, 2015 involving defendant and complainant.”
In re Andres, 2004 VT 71 (Vt. 2004). · cites it 2× “Respondent admitted knowing that his client pled guilty to a second offense domestic assault charge under 13 V.S.A. § 1044(a)(2) absent a prior conviction, yet he never raised the issue before the court; presumably because he thought it meritless.”
State v. Desautels, 2006 VT 84 (Vt. 2006). “§ 3252(a)(1), and two counts of second or subsequent offense of domestic assault, by recklessly causing bodily injury, in violation of 13 V.S.A. § 1044(a)(2). 2 One count of domestic assault was dismissed by the trial court and is not at issue in this appeal.”
State v. Onix Fonseca-Cintron, 2019 VT 80 (Vt. 2019). “In Ritter, the trial court entered judgments of conviction on two counts of second-degree aggravated domestic assault for a single act of domestic assault—one based on the fact that defendant committed a domestic assault in violation of a court order for conditional release,…”
In re Jeffrey R. Gay II, 2019 VT 67 (Vt. 2019). “13 V.S.A. § 1044(a)(2)(B). 4 We remanded the claim of ineffective assistance of counsel based on the defendant’s attorney’s allegedly deficient performance investigating the existence of the defendant’s prior conviction in preparation for the plea hearing, and the attorney’s…”
State v. Stevens, 2003 VT 15 (Vt. 2003). · cites it 2× “) (dual convictions for second- *505 degree aggravated domestic assault, one under 13 V.S.A. § 1044(a)(1) and one under 13 V.”
Show all 30 citing cases →
— Vt. Stat. Ann. tit. 13, § 1044(a) — 5 cases
State v. Breed, 2015 VT 43 (Vt. 2015). “The governing statute, 13 V.S.A. § 1044, lists several aggravating factors that elevate the crime of domestic assault to second-degree aggravated domestic assault.”
State v. Swift, 844 A.2d 802 (Vt. 2004). “Defendant appeals his conviction for one count of second-degree aggravated domestic assault in violation of 13 V.S.A. § 1044, and two counts of obstruction of justice for threatening a witness in violation of 13 V.”
State v. Ryan R. Hovey, 2021 VT 64 (Vt. 2021).
State v. Ryan R. Hovey, 2021 VT 64 (Vt. 2021).
In re Robert Jones (Vt. 2013).
— Vt. Stat. Ann. tit. 13, § 1044(a)(1) — 7 cases
State v. Brillon, 2010 VT 25 (Vt. 2010). “§ 1044(a)(1) (enhancing domestic assault to second-degree aggravated domestic assault if the person commits domestic assault that causes bodily injury to another person and, in doing so, "violates specific conditions of a criminal court order in effect at the time of the offense…”
State v. Brillon, 2008 VT 35 (Vt. 2008). “See 13 V.S.A. § 1044(a)(1) (providing that a person is guilty of second-degree aggravated domestic assault if the person commits domestic assault that causes bodily injury to another person and, in doing so, "violates specific conditions of a criminal court order in effect at…”
State v. Onix Fonseca-Cintron, 2019 VT 80 (Vt. 2019). “In Ritter, the trial court entered judgments of conviction on two counts of second-degree aggravated domestic assault for a single act of domestic assault—one based on the fact that defendant committed a domestic assault in violation of a court order for conditional release,…”
State v. Swift, 844 A.2d 802 (Vt. 2004). “Defendant appeals his conviction for one count of second-degree aggravated domestic assault in violation of 13 V.S.A. § 1044, and two counts of obstruction of justice for threatening a witness in violation of 13 V.”
State v. Stevens, 2003 VT 15 (Vt. 2003). “) (dual convictions for second- *505 degree aggravated domestic assault, one under 13 V.S.A. § 1044(a)(1) and one under 13 V.”
— Vt. Stat. Ann. tit. 13, § 1044(a)(1)(A) — 1 case
State v. Brillon, 2010 VT 25 (Vt. 2010). “§ 1044(a)(1) (enhancing domestic assault to second-degree aggravated domestic assault if the person commits domestic assault that causes bodily injury to another person and, in doing so, "violates specific conditions of a criminal court order in effect at the time of the offense…”
— Vt. Stat. Ann. tit. 13, § 1044(a)(2) — 6 cases
In Re Torres, 2004 VT 66 (Vt. 2004). “Defendant Andres Torres appeals from a summary judgment order of the Chittenden County Superior Court denying his claim for post-conviction relief from a second degree aggravated domestic assault conviction under 13 V.S.A. § 1044(a)(2). Defendant claims that the statute’s…”
State v. Hendricks, 787 A.2d 1270 (Vt. 2001). “" The day after the alleged assault, defendant was arraigned on a charge of second degree aggravated domestic assault, in violation of 13 V.S.A. § 1044(a)(2). [2] In April 1999, while the case was pending, defendant was arraigned on new charges, including one felony count…”
State v. Brillon, 2010 VT 25 (Vt. 2010). “§ 1044(a)(1) (enhancing domestic assault to second-degree aggravated domestic assault if the person commits domestic assault that causes bodily injury to another person and, in doing so, "violates specific conditions of a criminal court order in effect at the time of the offense…”
In re Andres, 2004 VT 71 (Vt. 2004). “Respondent admitted knowing that his client pled guilty to a second offense domestic assault charge under 13 V.S.A. § 1044(a)(2) absent a prior conviction, yet he never raised the issue before the court; presumably because he thought it meritless.”
State v. Desautels, 2006 VT 84 (Vt. 2006). “§ 3252(a)(1), and two counts of second or subsequent offense of domestic assault, by recklessly causing bodily injury, in violation of 13 V.S.A. § 1044(a)(2). 2 One count of domestic assault was dismissed by the trial court and is not at issue in this appeal.”
— Vt. Stat. Ann. tit. 13, § 1044(a)(2)(A) — 3 cases
State v. Breer, 160 A.3d 318 (Vt. 2016).
State v. Baker, 2015 VT 62 (Vt. 2015).
State v. Timothy Harrington (Vt. 2025).
— Vt. Stat. Ann. tit. 13, § 1044(a)(2)(B) — 11 cases
State v. Daniel L. Larkin, 183 A.3d 589 (Vt. 2018). “§ 1043(a)(1) and second-degree aggravated domestic assault under 13 V.S.A. § 1044(a)(2)(B). Both charges arose from a series of events on the night of December 8, 2015 involving defendant and complainant.”
In re Jeffrey R. Gay II, 2019 VT 67 (Vt. 2019). “13 V.S.A. § 1044(a)(2)(B). 4 We remanded the claim of ineffective assistance of counsel based on the defendant’s attorney’s allegedly deficient performance investigating the existence of the defendant’s prior conviction in preparation for the plea hearing, and the attorney’s…”
State v. John R. Lyddy II, 2025 VT 1 (Vt. 2025).
State v. Alers, 123 A.3d 825 (Vt. 2015).
State v. Ronald Carter, Jr., 169 A.3d 225 (Vt. 2017).
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