Domestic violence is a serious matter, and navigating its legal intricacies is essential for anyone facing domestic battery charges. In Indiana, domestic battery is defined 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.
In certain circumstances, such as when the offense is committed in the presence of children, the charge can swiftly escalate to a felony.
Domestic Battery and the Role of Children
A critical factor that can heighten a domestic battery charge in Indiana is the presence of a child or minor during the incident. If the offense is committed in the physical presence of a child the charge is elevated to a Level 6 felony. In this case, “physical presence” simply means the child might have been able to see or hear the offense. It is important to note, the child does not need to directly witness the incident; simply being within ear shot is sufficient to trigger the elevated charge.
In addition, it is also a felony if the offense is committed against a minor. When the offense is committed against a family or household member who is less than fourteen, the charges are again elevated to a Level 6 felony. Offenders may face a prison sentence ranging from six months to 2 1/2 years in the Indiana Department of Corrections. This escalation in severity can leave a lasting impact on various aspects of an individual’s life, affecting employment, personal relationships, and overall well-being.
Further Legal Ramifications and Penalties
When an offense is committed against a child under fourteen and either results in bodily injury or the death of that child, charges can again escalate. In the following three scenarios, charges range from a Level 5 felony to a Level 2 Felony. The higher the felony, the harsher the penalties.
Level 5 Penalty:
- If the offense was committed against a family or household member under fourteen years old and resulted in bodily injury, the charge becomes a Level 5 felony. A Level 5 felony can carry a penalty of one to six years in jail and a fine of up to $10,000.
Level 3 Penalty:
- If the offense results in serious bodily injury to a family or household member under fourteen years old, the charge is elevated to a Level 3 felony. A Level 3 felony can carry a penalty of six to twenty years in jail and a fine of up to $10,000.
Level 2 Penalty:
- If the offense results in the death of a family or household member under fourteen years old, the charge is elevated to a Level 2 felony. A Level 2 felony, carrying a penalty of ten to thirty years in jail and a fine of up to $10,000. Level 2 felonies carry some of the harshest penalties in the State of Indiana.
The Importance of an Attorney
Facing domestic violence charges in Indiana can feel overwhelming. If you or someone you know is facing domestic battery charges, especially if facing felony level charges, it is important to consult and hire a criminal defense attorney. At the Marc Lopez Law Firm, the criminal defense attorneys understand the details and severity of Indiana’s domestic violence laws. They help clients navigate the complex legal waters of domestic battery charges every day.
Make the Right Call
Navigating domestic battery charges, especially when elevated to a felony, can be an overwhelming experience. Again, it is important to remember that you cannot have felony level charges for domestic battery reduced to a misdemeanor in Indiana. If you or someone you know faces domestic battery charges in Indiana, seeking legal guidance is crucial.
At the Marc Lopez Law Firm, we are committed to providing exceptional legal representation and support to individuals and families dealing with domestic battery cases. Our dedicated attorneys strive to ensure clients receive the best possible outcome. We understand the intricacies of domestic battery cases and provide strategic legal representation to protect your rights and interests. Call us today at 317-632-3642 and remember—always plead the 5th!
