In the realm of legal challenges, domestic battery charges present a significant hurdle. Life can sometimes take an unexpected and distressing turn, especially when facing domestic battery charges in the state of Indiana. Knowing how to navigate the complex landscape when dealing with such charges is crucial. If you or someone you know is facing such charges, the Marc Lopez Law Firm is here to help provide the guidance and support needed. In this blog, we will review the basics behind domestic battery charges in Indiana, and emphasize the importance of securing legal counsel.
Understanding Domestic Battery: Indiana Law
Indiana Code § 35-42-2-1.3 outlines the various domestic battery charges in Indiana. Domestic battery charges are classified based on the severity of the offense and the circumstances surrounding it. In Indiana, domestic battery occurs when a person 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
At its most basic, domestic battery starts as a Class A misdemeanor charge which can carry a penalty of up to one year in jail and a fine of up to $5,000. While domestic battery charges start as a misdemeanor, they can quickly escalate into felony level territory.
Elevating Charges to Felonies: A Simplified Overview
Under specific circumstances, the severity of the offense can escalate the charges associated. Some of these circumstances are outlined below and range from a Level 6 felony to the most severe domestic battery charge, a Level 2 felony. It becomes a Level 6 felony if any number of conditions are present. Some of these conditions include:
(1) The offense results in moderate bodily injury to the victim.
(2) The offense occurs in the presence of a minor under sixteen years old.
(3) The offense is committed against a family or household member who is under fourteen years old or who has a mental or physical disability.
(4) The offense is committed against a family or household member while a no contact order issued by the court directing the person to refrain from having any direct or indirect contact.
A Level 6 felony conviction can carry a penalty of 6 months to two and a half years imprisonment and a fine of up to $10,000. Domestic battery can also quickly become a Level 5 felony. Some of the conditions which can make domestic battery a Level 5 felony are:
(1) The offense results in serious bodily injury to the victim.
(2) The offense is committed with a deadly weapon.
(3) The victim was pregnant at the time of the offense and the offender knew about the pregnancy.
A Level 5 felony conviction can carry a penalty of one to six years imprisonment and a fine of up to $10,000.
Further, if the offense results in serious bodily injury toward an endangered adult or a minor, or results in the death of someone, charges can once again increase to Level 4, 3, or 2 felonies, respectively. Because the severity of charges can quickly increase, it is crucial to understand the potential legal consequences you may face based on the specifics of your case.
Navigating the Legal Process: Seek Legal Counsel
Understanding the nuances of these charges is essential when facing legal proceedings. In the intricate world of domestic battery charges, knowledge is power. By seeking legal counsel, individuals can empower themselves to confront these charges head-on. Here at the Marc Lopez Law Firm, we are dedicated to providing the legal support and guidance needed during this challenging time—your future and peace of mind are our top priorities. With the right legal representation, navigating this complex legal terrain becomes a manageable endeavor.
Make the Right Call
Facing domestic violence charges in Indiana is a serious matter. 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!