Assault & Battery Is there a penalty for taking a phone during a domestic assault?

[fitzsi23]

My father violently assaulted my mother, 2 adult sisters, 16 year old brother, and myself recently. During the assault my sister grabbed her phone to call 9-1-1 and he took it away from her before she could and continued to beat my mother, sister, and I. My sister did manage to get another phone and call for help but he left with her cell phone before the police arrived. The police charged him with assault on my mother but he was never charged with assaulting the rest of us. I was talking to a friend about what happened and she said that taking a phone during a domestic assault is an automatic felony so my question is, is this true and if so where can I find the law that say this?

 

[mightymoose]

Your answer is within your state penal code.
This offense is not always a felony.