Sometimes a disagreement unexpectedly turns into a shouting match, and it’s easy for a fight to get out of hand. Nobody wants to have to deal with domestic battery charges, but if you do, you need the help of an Indiana criminal lawyer.
The Marc Lopez Law Firm is dedicated to representing individuals in Indiana who are facing criminal charges. This blog post will address the relevant sections of the Indiana Code and offer insights into the criminal process.
How Domestic Battery Is Defined by the Indiana Code
Domestic battery occurs when an individual knowingly or intentionally:
- touches a family or household member in a rude, insolent, or angry manner; or
- in a rude, insolent, or angry manner places any bodily fluid or waste on a family or household member.
This starts as a Class A misdemeanor, carrying a maximum penalty of 365 days in jail and a $5,000 fine. Under specific circumstances, however, the charges can escalate.
When domestic battery is charged as a felony, it cannot be reduced through alternative misdemeanor sentencing. Felony domestic battery charges range from a Level 6 all the way up to a Level 2. The maximum fine for a felony charge is always $10,000, but the potential for imprisonment changes depending on what level of felony you’re facing. With a Level 6 felony, the maximum period of incarceration is two and a half years, while a person charged with a Level 2 felony is facing up to 30 years in prison.
Escalating Penalties
Domestic Battery can be charged as a Level 5 felony if the offense:
- results in serious bodily injury to a family or household member;
- is committed with a deadly weapon against a family or household member;
- results in bodily injury to a pregnant family or household member, if the defendant knew of the pregnancy;
- is committed by a person with a previous conviction for a battery offense or strangulation against the same family or household member;
- results in bodily injury to one or more of the following:
- a family or household member who is less than 14 years of age if the offense is committed by a person at least 18 years of age;
- a family or household member who has a mental or physical disability if the offense is committed by an individual having care of the family or household member with the disability, regardless of whether the care is assumed voluntarily or because of legal obligation; or
- a family or household member who is an endangered adult.
A Level 5 felony carries a maximum incarceration period of eight years.
Domestic Battery can be charged as a Level 4 felony if it results in serious bodily injury to a family or household member who is an endangered adult. A Level 4 felony is punishable by up to 12 years in prison.
The charge can be a Level 3 felony if it results in serious bodily injury to a family or household member who is less than 14 years of age if the offense is committed by a person at least 18 years of age. A Level 3 felony is punishable by up to 20 years in prison.
Because the consequences of domestic battery can vary so widely, it’s important to consult with an experienced Indiana criminal lawyer as soon as possible. A defense attorney will be able to explain the ins and outs of the Indiana Code and help you tailor a defense that’s appropriate to your specific situation.
How Strangulation Is Defined by the Indiana Code
In the State of Indiana, strangulation occurs when a person a person who, in a rude, angry, or insolent manner, knowingly or intentionally:
- applies pressure to the throat or neck of another person;
- obstructs the nose or mouth of another person; or
- applies pressure to the torso of another person;
in a manner that impedes the normal breathing or the blood circulation of the other person.
Strangulation starts as a Level 6 felony, but it can be charged as a Level 5 felony if the defendant:
- strangles a victim he knows to be pregnant; or
- has a prior unrelated conviction for strangulation.
Hiring the Right Attorney
Any felony charge is a serious matter, but the higher the felony level, the more life-altering are the potential consequences. This is why it’s so important to speak to an experienced Indiana criminal lawyer as soon as you can.
If you or someone you know is facing criminal charges, they need to speak to an experienced Indiana criminal lawyer immediately. The defense attorneys at the Marc Lopez Law Firm make it their business to help their clients navigate the complexities of the criminal justice system.
They have years of experience dealing with court staff, prosecutors, and clients leading high-stress lives.
Don’t Delay, Reach Out Today
Criminal charges can be devastating. In times of crisis, legal representation can make a world of difference. If you or someone you know is facing domestic violence or strangulation charges, give us a call at 317-632-3642 and remember—always plead the 5th!
