In the realm of legal matters, few issues are as emotionally charged and complex as domestic violence. If you, or someone you know, has been charged with domestic battery in Indiana, you have come to the right place. The Marc Lopez Law Firm is here to provide you with a detailed insight into the various scenarios that can elevate a domestic battery charge to a Level 5 felony. In this blog, we will go through the intricacies of these charges and how to navigate them effectively. We will also go through an overview of the relevant Indiana Code section (§ 35-42-2-1.3) to give you a comprehensive understanding of the law.
What is Domestic Battery in Indiana
Before we dive into the nuances of domestic battery as a Level 5 felony, it is crucial to establish a clear understanding of what Indiana law considers “domestic battery.” According to Indiana Code § 35-42-2-1.3, 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.
Domestic battery typically starts and is charged as a Class A misdemeanor. However, certain circumstances can escalate the charge to a Level 5 Felony. Next, we will outline the scenarios where this takes place.
Enhancements to Level 5 Felony
Under the same Indiana Code section (§ 35-42-2-1.3), domestic battery can escalate into a Level 5 felony charge under various conditions. In Indiana, a Level 5 felony can carry a penalty of one to six years in jail and a fine of up to $10,000.
In addition, unlike other criminal charges, where it may be possible to reduce a felony to a misdemeanor, that is not the case with domestic battery. In Indiana, when domestic battery is charged as a felony, it cannot be reduced to a misdemeanor. Now, we will go through the circumstances and factors that elevate domestic battery to a Level 5 felony.
1. Serious Bodily Injury to a Family or Household Member
If the domestic battery incident results in serious bodily injury to a family or household member, the charge becomes a Level 5 felony. The State views the gravity of the harm inflicted during the incident and imposes stricter penalties.
2. Use of a Deadly Weapon
If the domestic battery incident is committed against a family or household member with a deadly weapon, the charge is escalated to a Level 5 felony. The presence of a weapon increases the potential for harm and, therefore, elevates the charge to a Level 5 felony, emphasizing a more significant threat to public safety.
3. Injury to a Pregnant Family or Household Member
If domestic battery results in bodily injury to a pregnant family or household member, and the offender was aware of the pregnancy, it is charged as a Level 5 felony. This measure underscores the significance of safeguarding expectant mothers.
4. Prior Convictions
A domestic battery charge can be elevated to a Level 5 felony if the person charged has a previous conviction for a battery offense or strangulation against the same family or household member. This increase to the severity of charges, aims to address recurrent patterns of abuse and protect the victim from further harm.
5. Injury to Vulnerable Family Members
Indiana Code § 35-42-2-1.3(c)(5) is a critical provision that addresses the need to protect the most vulnerable members of society. If domestic battery results in bodily injury to one or more of the following, the offense is again elevated to a Level 5 felony. This emphasizes the State’s role in safeguarding individuals who are at a higher risk due to their age and/or circumstances:
(a) a family or household member who is less than fourteen (14) years of age if the offense is committed by a person at least eighteen (18) years of age.
(b) a family or household member who has a mental or physical disability if the offense is committed by an individual having care of the family or household member with the disability, regardless of whether the care is assumed voluntarily or because of a legal obligation.
(c) a family or household member who is an endangered adult (as defined in IC 12-10-3-2).
Seek Legal Counsel
Facing domestic violence charges in Indiana, especially felony level charges, can feel overwhelming. When navigating the intricate legal waters of domestic battery charges, always remember to consult with a reputable attorney who can provide the necessary guidance and support throughout the legal process. The criminal defense attorneys at The Marc Lopez Law Firm understand the severity of Indiana’s domestic violence laws and help clients facing a variety of domestic battery charges.
Make the Right Call
Here at the Marc Lopez Law Firm, we are committed to providing you the best possible legal support and guidance needed during this challenging time. In times of crisis, legal representation can make all the difference. If you, or someone you know is facing felony level 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!
