Facing a domestic violence charge can be an emotionally overwhelming experience, compounded by legal complexities. These situations often erupt in the heat of the moment, fueled by passionate emotions and stressful circumstances, culminating in calls for help and law enforcement intervention.
At the Marc Lopez Law Firm, we encounter numerous scenarios where individuals facing domestic violence charges are grappling with a pivotal question: “What happens when the complaining witness no longer wants to cooperate?” It is a common inquiry, one that reflects the complexity of these cases. Often, by the time individuals reach out to us, the complaining witness has changed their mind about pressing charges. Unfortunately, once the police are involved and a report is filed, the dynamics of the case change significantly.
When the Police Respond
In the state of Indiana, law enforcement plays a crucial role in responding to domestic issues and carries significant implications. When law enforcement responds, they are obligated to meticulously document their findings in a comprehensive report. This report, a crucial document, ultimately finds its way to the prosecutor’s desk, marking a pivotal juncture in the legal process.
The Crucial Link: From Incident Report to Prosecution
Once filed, the domestic incident report places the prosecuting attorney in a position of exclusive authority when it comes to initiating charges against the accused. The power to press charges or dismiss the case is no longer solely in the hands of the complaining witness; instead, it now rests within the framework of the legal system.
While this shift might seem disheartening, it does not signal the end of all hope. Avenues for defense still exist, and more so if the complaining witness withdraws their cooperation. Domestic violence cases are intricate and fact-sensitive, often lacking direct police witnesses. These inherent complexities create challenges for the prosecution while also opening doors for skilled legal representation to put together a strong defense. In the following sections, we will delve into the fundamentals of domestic battery and associated charges.
Understanding Domestic Battery
According to Indiana Code § 35-42-2-1.3, domestic battery 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.”
At its most basic, domestic battery is initially classified and charged as 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. Specific aggravating factors, however, can quickly escalate the charge from a misdemeanor to a felony in various circumstances. The higher the felony, the harsher the penalties.
Aggravating Factors
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:
- The individual has a previous conviction for a battery offense or strangulation;
- The offense is committed in the presence of a minor under 16;
- The offense results in moderate bodily injury to the victim;
- The victim is under 14 and the offender is at least 18;
- The victim has a mental or physical disability or is considered an endangered adult; or
- The offense is committed against a protected party with a valid no-contact order, issued by the court.
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. It is also essential to note that when it comes to domestic battery charges, a felony charge cannot be reduced 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
Domestic battery is charged as a Level 5 felony if the following aggravating factors are present:
1. The offense results in serious bodily injury to the victim;
2. A deadly weapon is used;
3. The offender is aware of the victim’s pregnancy;
4. The offense results in bodily injury and the victim is under 14;
5. The offender has a previous conviction for battery or strangulation against the same victim; or
6. The offense results in bodily injury and is committed against a victim who has a mental or physical disability or is an endangered adult.
A Level 5 felony can carry a penalty of one to six years in jail and a fine of up to $10,000.
Further Elevated Charges Level 4, 3, & 2 Felonies
Domestic battery can escalate into even higher felony charges in the following three situations:
Level 4 felony: the offense results in serious bodily injury to an endangered adult.
- carrying a penalty of two to twelve years in jail and a fine of up to $10,000
Level 3 felony: the offense results in serious bodily injury against a victim under 14 years old.
- carrying a penalty of six to twenty years in jail and a fine of up to $10,000
Level 2 felony: the offense results in the death of a victim who is either under 14 years old or is an endangered adult.
- carrying a penalty of ten to thirty years in jail and a fine of up to $10,000
It is important to reiterate once again that if you are facing a felony charge for domestic battery, it cannot be reduced to a misdemeanor. 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.
Make The Right Call
Navigating the legal intricacies of domestic battery charges is crucial. If you or someone you know is facing a domestic violence charge in Indiana, it is essential to consult with a knowledgeable criminal defense attorney who understands Indiana’s domestic battery laws. Understanding the nuances of the law, building a strategic defense, and safeguarding your rights are paramount.
In this challenging time, you do not have to face these legal battles alone. At The Marc Lopez Law Firm, we are dedicated to providing comprehensive legal counsel, empathetic support, and unwavering advocacy for our clients. Your future deserves the best defense, and we are here to stand by you every step of the way. If you or someone you know is facing domestic battery charges in Indiana, call us today at 317-632-3642 and remember—always plead the 5th!
