Domestic violence charges carry significant legal implications that can have far-reaching consequences on various aspects of an individual’s life. It is important to understand the nuances of Indiana laws, specifically Indiana Code Title 35, Chapter 42, which outlines offenses against the person, including domestic battery.
It is crucial to understand the potential consequences and the need for strategic legal action. Exploring all available legal options becomes vital to securing the best possible outcome. Seeking professional guidance is fundamental to navigating the intricacies of the legal system effectively. In this blog, we will explore some key insights and relevant sections of the Indiana Code, offering practical guidance to individuals facing such charges.
Breaking Down Indiana Code § 35-42-2-1.3
Domestic battery is outlined in Indiana Code § 35-42-2-1.3; and occurs when an individual knowingly or intentionally:
(1) touches a family or household member in a rude, insolent, or angry manner; or
(2) in a rude, insolent, or angry manner places any bodily fluid or waste on a family or household member;
commits domestic battery, a Class A misdemeanor.
A Class A misdemeanor can carry a penalty of up to one year in jail and a fine of up to $5,000. Domestic battery charges, however, can quickly escalate from a misdemeanor to a felony in various circumstances. The higher the felony, the harsher the penalties.
Level 6 Felony
Under the same Indiana Code section (§ 35-42-2-1.3), domestic battery can elevate into a Level 6 felony charge under various conditions, including when:
(1) the individual charged has a previous, unrelated conviction for a battery or strangulation offense.
(2) the individual who committed the offense did so in the presence of a child under 16 years old, knowing that the child was present and may hear or see the offense occur.
(3) the offense results in moderate bodily injury against a family or household member.
(4) the offense is committed against a family or household member who is less than 14 years old.
(5) the offense is committed against a family or household member who has a mental or physical disability or is considered an endangered adult.
(6) the offense is committed against a family or household member who has been issued a protection order or while a no contact order, issued by the court, is in effect against the person who committed the offense.
A Level 6 felony can carry a penalty of up to two and a half years in jail and a fine of up to $10,000. There are also significant issues when trying to reduce a felony domestic battery charge to a misdemeanor. Because of this, when charged with domestic battery as a felony, it is important to consult legal counsel. An attorney can go through the circumstances of the event and tailor a defense strategy to your unique situation.
Level 5 Felony
Under the same Indiana Code section (§ 35-42-2-1.3), domestic battery can elevate into a Level 5 felony charge under various conditions, including when:
(1) the offense results in serious bodily injury to a family or household member.
(2) the offense is committed with a deadly weapon.
(3) the offense results in a bodily injury to a pregnant family member, and the individual knew of the pregnancy.
(4) the offense results in bodily injury and is committed against a family or household member who is under 14 years old, an endangered adult, or against a family or household member who has a mental or physical disability if the individual is responsible for their care.
A Level 5 felony can carry a penalty of one to six years in jail and a fine of up to $10,000.
Level 4, 3, & 2 Felonies
Domestic battery can escalate into even higher felony charges in the following three situations:
(1) It is a Level 4 felony, carrying a penalty of two to twelve years in jail and a fine of up to $10,000 when;
(a) the offense results in serious bodily injury to a family or household member who is an endangered adult
(2) It is a Level 3 felony, carrying a penalty of six to twenty years in jail and a fine of up to $10,000 when;
(a) the offense results in serious bodily injury to a family or household member who is under 14 years old
(3) It is a Level 2 felony, carrying a penalty of ten to thirty years in jail and a fine of up to $10,000 when;
(a) the offense results in the death of a family or household member who is either under 14 years old or who is an endangered adult.
Not only does a conviction for domestic battery often involve jail time and fines, but it can also result in a significant loss of rights, including the right to possess a firearm.
Indiana Code § 35-47-4-7:
This section outlines that individuals convicted of domestic battery are prohibited from possessing a firearm. This section stipulates that a person who has been “convicted of a crime of domestic violence may petition the court for restoration of the person’s right to possess a firearm” no earlier than five years after the date of conviction.
Additionally, “If the court denies a petition for restoration of the right to possess a firearm, the person may not file a second or subsequent petition until one (1) year has elapsed after the filing of the most recent petition.”
Practical Considerations:
Facing domestic violence charges in Indiana can feel overwhelming. By understanding the legal intricacies behind domestic violence charges in Indiana, you are able to make informed decisions. When navigating the complex legal waters of domestic battery charges, always remember to consult with a reputable attorney who can provide the necessary guidance and support throughout the legal process. The criminal defense attorneys at The Marc Lopez Law Firm understand the details of Indiana’s domestic violence laws and help clients facing a variety of domestic battery charges.
Make the Right Call
Here at the Marc Lopez Law Firm, we are dedicated to providing you the best possible legal support and guidance needed during this challenging time. In times of crisis, legal representation can make all the difference. If you or someone you know is facing domestic violence charges reach out to our criminal defense attorneys at The Marc Lopez Law Firm. Call us today at 317-632-3642 and remember—always plead the 5th!