Understanding the legal framework is crucial when facing potential criminal charges, especially in situations involving offenses like domestic battery or strangulation. The relevant sections of the Indiana Code provide a comprehensive outline of the specific laws and classifications related to these charges, offering essential insights for those navigating the legal system in Indiana.
If you or someone you know is facing domestic battery charges, strangulation charges, or both, it is imperative to seek legal counsel and understand the potential legal consequences to such charges. The Marc Lopez Law Firm is dedicated to helping individuals in Indiana who are facing such charges. In this blog post, we will break down the relevant sections of the Indiana Code, offering valuable insights and emphasizing the need for legal representation.
Domestic Battery in Indiana
In Indiana, as outlined in Indiana Code § 35-42-2-1.3, domestic battery occurs when an individual intentionally or knowingly:
(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. Under specific circumstances, however, the severity of the offense can escalate the charges associated. When domestic battery charges are escalated to a felony, they cannot be reduced to a misdemeanor. This underscores the importance of understanding the range in charges and their potential consequences and penalties.
Felony domestic battery charges range from a Level 6 felony to a Level 2 felony. 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. A Level 2 felony, however, carries much higher consequences with a potential for up to thirty years in jail and a fine of up to $10,000.
Because the gravity of domestic battery charges can vary so much, it is vital to recognize the need for legal representation and guidance when facing such charges. An Indiana criminal defense attorney will not only understand the specifics of the Indiana Code, but will also be able to provide the strongest defense possible tailored to your unique situation. Keeping the importance of legal counsel in mind, next we will walk through strangulation charges in Indiana.
Strangulation Charges in Indiana
As per Indiana Code § 35-42-2-9, strangulation occurs when, “a person who, in a rude, angry, or insolent manner, knowingly or intentionally:
(1) applies pressure to the throat or neck of another person;
(2) obstructs the nose or mouth of another person; or
(3) applies pressure to the torso of another person;
in a manner that impedes the normal breathing or the blood circulation of the other person commits strangulation, a Level 6 felony.”
The charges, however, can escalate in severity to a Level 5 felony in two situations:
(1) the offense is committed by a person:
(A) against a pregnant woman; and
(B) who knew the victim was pregnant at the time of the offense; or
(2) the person has a prior unrelated conviction for strangulation.
As discussed above, any felony charge is a serious matter. Understanding the specific classifications provided by the Indiana Code is essential when navigating legal matters. Level 6 and Level 5 felonies carry heavy potential consequences and hiring an attorney sooner rather than later is always advised.
Hiring Legal Representation
If you or someone you know is facing criminal charges related to domestic battery or strangulation, hiring legal representation should be your immediate first step. The criminal defense attorneys at the Marc Lopez Law Firm are here to help you navigate through the complexities of the Indiana legal system. They are committed to providing the best legal defense strategy possible tailored to your unique circumstances.
Our attorneys at the Marc Lopez Law Firm not only understand the specifics of the Indiana Code, but also understand that in these situations, emotions can be high and situations are often sensitive. Remember, seeking legal representation can help protect your rights and advocate for you during legal proceedings.
Make The Right Call
Facing domestic violence and strangulation 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 or strangulation 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!