Facing domestic violence charges in Indiana can be a sensitive and overwhelming challenge. If you or someone you know is facing charges for domestic battery, it is essential to grasp the legal consequences and potential ramifications of such charges. At the Marc Lopez Law Firm, we are dedicated to assisting individuals in Indiana who are facing domestic battery charges. In this blog post, we will go through the relevant sections of the Indiana Code and explore the collateral consequences of domestic battery charges.
The Basics of Domestic Battery
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.
Collateral Consequences of Domestic Battery
Domestic battery charges carry significant legal implications. Beyond the loss of firearm rights, potential loss of parental-rights, and the imposition of no-contact orders by the court, there is one question that often is raised. Can my felony charges be reduced to a misdemeanor?
In Indiana, there is a legal avenue which allows certain Level 6 felony charges to be reduced to a Class A misdemeanor charge. This often offers the opportunity for less severe penalties. However, according to Indiana Code § 35-50-2-7, an individual who has been charged with domestic battery as a Level 6 felony under § 35-42-2-1.3 is explicitly excluded from eligibility for alternate misdemeanor sentencing. In Indiana, a felony domestic battery charge cannot be reduced to a Class A misdemeanor.
The potential penalty of a Level 6 felony is further outlined in Indiana Code § 35-50-2-7(b),
(b) “a person who commits a Level 6 felony, shall be imprisoned for a fixed term of between six (6) months and two and one-half (2 1/2) years, with the advisory sentence being one (1) year. In addition, the person may be fined not more than ten thousand dollars ($10,000).”
This underscores the importance of hiring legal representation promptly when facing domestic battery charges, especially felony level charges as the penalties are severe and often cannot be reduced.
Automatic No-Contact Orders
The primary purpose of a no-contact order is to ensure the safety of individuals involved in a criminal case, especially those related to domestic violence or harassment. When a no-contact order is issued in Indiana, it isn’t solely at the discretion of the victim. Instead, the State takes responsibility for determining when a no-contact order is necessary.
Often, no-contact orders are automatically imposed for certain defendants who have been placed on bail for violent crimes which resulted in bodily injury to the victim. Indiana Code § 35-33-8-3.6 addresses this:
(a) This section applies only to a defendant who is charged with committing a violent crime (as defined in IC 5-2-6.1-8) that results in bodily injury to a person.
(b) If a court releases a defendant described in subsection (a) to bail without holding a bail hearing in open court, the court shall include as a condition of bail the requirement that the defendant refrain from any direct or indirect contact with the victim:
(1) for ten (10) days after release; or
(2) until the initial hearing;
whichever occurs first.
(c) At the initial hearing, the court may reinstate or modify the condition that the defendant refrain from direct or indirect contact with the victim.”
Generally, a no-contact order will remain in place until the conclusion of the case. If a no-contact order has been issued as a condition of your bail, it is important to discuss what this means for you with an attorney. Courts view no-contact orders seriously and any violation could weaken your legal position.
Possession of Firearms
In domestic battery cases, it is essential to note that individuals convicted of domestic violence are prohibited from possessing firearms. Indiana Code § 35-47-4-7, explicitly states that “a person who has been convicted of a crime of domestic violence may not possess a firearm.”
While the statute does offer options for individuals convicted of domestic violence to petition the court for the restoration of their firearm possession rights, this process is contingent upon certain factors and conditions. Indiana Code § 35-47-4-7 further stipulates:
(b) Not earlier than five (5) years after the date of conviction, 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. In determining whether to restore the person’s right to possess a firearm, the court shall consider the following factors:
(1) Whether the person has been subject to:
(A) a protective order;
(B) a no contact order;
(C) a workplace violence restraining order; or
(D) any other court order that prohibits the person from possessing a firearm
(2) Whether the person has successfully completed a substance abuse program, if applicable.
(3) Whether the person has successfully completed a parenting class, if applicable.
(4) Whether the person still presents a threat to the victim of the crime.
(5) Whether there is any other reason why the person should not possess a firearm, including whether the person failed to satisfy a specified condition under subsection (c) or whether the person has committed a subsequent offense.
(c) The court may condition the restoration of a person’s right to possess a firearm upon the person’s satisfaction of specified conditions.
(d) 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.
While the restoration of the right to possess a firearm is technically possible for those convicted of domestic violence, the process is not as easy and straightforward as it may seem. If you or someone you know has been convicted of domestic violence and is wanting to petition the court, it is essential to speak with an attorney who understands Indiana’s laws and will be able to walk you through the process and advocate on your behalf.
Obtaining Legal Assistance
Facing domestic battery charges in Indiana is a daunting and complex situation. Understanding the potential legal consequences, including the prohibition of firearm possession and limitations on alternate misdemeanor sentencing, is essential for making informed decisions.
When confronting domestic battery charges, it is imperative to seek legal representation. Always remember to consult an Indiana attorney who understands the legal process and laws concerning the complexities of domestic violence. At the Marc Lopez Law Firm we are here to assist you in navigating this challenging legal landscape and advocating for your rights. Remember, you don’t have to face these challenges alone.
Make the Right Call
Here at the Marc Lopez Law Firm, we are dedicated to providing you the best possible legal defense 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!