If you or someone you know is facing a domestic battery charge in Indiana, understanding the nuances of domestic violence charges is important. At the Marc Lopez Law Firm, our focus is Indiana criminal defense. We recognize how domestic violence charges can lead to severe outcomes. In this blog, we will go over the basics of what domestic battery is and how quickly charges can escalate into becoming a felony. This blog will also stress the importance of pleading the fifth and finding a competent Indiana attorney who will defend your rights.
Domestic Battery: The Basics
As outlined in 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;
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. With domestic battery, a charge can quickly become elevated from a misdemeanor into a felony in various circumstances.
When Does Domestic Battery Become a Felony?
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. A felony domestic battery charge has the potential to follow a person around for the rest of their lives. Additionally, all domestic violence charges impact a person’s ability to legally possess a firearm. It is imperative to seek legal counsel if you or someone you know is facing domestic battery charges at a felony level.
Level 5 Felony and Beyond: Harsher Penalties
Again, the same Indiana Code section as above (§ 35-42-2-1.3), further stipulates that a domestic battery offense can be escalated to a Level 5 felony charge if certain conditions apply:
(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. Any felony charge leads to significant consequences beyond just jail time and fines. If you or a loved one are facing felony domestic violence charges it is so very important to contact an experienced attorney.
Domestic battery charges can also be charged as a Level 4, Level 3, and even a Level 2 felony 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.
What Does This Mean for Your Rights?
Domestic battery cases can quickly lead to significant loss of rights. When convicted of domestic battery as a felony in Indiana, you not only face jail time, but also your loss of rights as a felon. This includes the right to possess a firearm and in certain cases, even your right to vote.
In any legal situation, it is essential to understand your rights and exercise them appropriately. If you are under investigation for domestic battery or any form of domestic violence in Indiana, the first thing you should do is assert your Fifth Amendment right. Refrain from making any statements, as anything you say can be used against you.
The next step you should take is to seek the guidance of a skilled Indiana domestic violence attorney. Given the complexity of domestic violence cases and their potential severe ramifications, your optimal defense starts with being well-informed and enlisting proficient legal counsel.
Make the Right Call
If you or someone you know has been charged with domestic battery or any form of domestic violence in Indiana, your future is at stake. The attorneys at the Marc Lopez Law Firm deal with these complex cases everyday. Our attorneys understand the importance of preserving your legal rights and how potential ramifications can affect your life both now and in the future. Give us a call at 317-632-3642 and remember—always plead the 5th!
