Domestic battery is a serious matter, and anyone facing this type of criminal charge needs to speak to an experienced Indiana criminal lawyer. This blog will outline some of the main things that a domestic battery defendant should keep in mind.
What Is Domestic Battery?
Let’s start with the basics. In the State of Indiana, battery is when a person knowingly or intentionally touches another person in a rude, insolent or angry manner. This starts as a Class B misdemeanor, carrying a maximum penalty of 180 days in jail and a $1,000 fine.
Domestic battery is when a person commits battery against a family or household member. This starts as a Class A misdemeanor, carrying a maximum penalty of one year in jail and a $5,000 fine.
Domestic battery charges can easily escalate into felony level territory if the offense:
- results in moderate bodily injury to the victim;
- occurs in the presence of a child less than 16 years old;
- is committed against a child less than 14 years old;
- is committed against a child with a mental or physical disability; or
- is committed in defiance of a judge’s protection order or no contact order.
A Level 6 felony carries a maximum penalty of two and a half years in prison and a $10,000 fine.
Things can almost always get worse. You can be charged with a Level 5 felony if the offense:
- results in serious bodily injury to the victim;
- is committed with a deadly weapon;
- is committed against a victim you know to be pregnant;
- results in bodily injury to a child less than 14 years old; or
- results in bodily injury to a disabled family or household member
A Level 5 felony carries a maximum penalty of six years in prison and a $10,000 fine. The greater the injury suffered by the victim, the more serious the charges can get.
What Should a Defendant Do?
First and foremost, exercise your right to remain silent. Emotions can run high in family drama, and if the police have already intervened, it’s natural to want to explain your side of the story. You should resist this impulse. Anything you say can and will be used against you, which is why the Marc Lopez Law Firm emphasizes the importance of the Fifth Amendment to the U.S. Constitution.
Second, you should always respect the judge’s orders. The filing of domestic battery charges is often accompanied by an automatic no contact order. A no contact order declares that the defendant is to have absolutely no contact or communication with the alleged victim. It doesn’t matter if you’re married or co-parenting—no contact means no contact.
- No calls.
- No texts or social media messaging.
- No showing up at the alleged victim’s place of employment.
- No having a third party deliver messages for you.
Violating a no contact order is only going to complicate things. Not only is it a violation of your pre-trial conditions, but it will also almost certainly result in new criminal charges being filed against you. Invasion of privacy starts as a Class A misdemeanor, but if you have a prior conviction, you can be looking at a Level 6 felony.
No matter what, you shouldn’t be trying to handle things on your own. If you’re facing criminal charges for domestic battery, you need to speak to an experienced Indiana criminal lawyer as soon as possible.
How Can an Attorney Help You Understand the Legal Process?
An effective lawyer can act as a guide and protector, showing you the way forward and warning you of impending dangers. Every step of the way, you have the choice to follow the attorney’s lead or go your own way. No one can walk the path for you.
Here’s a rough map of the criminal proceedings for a domestic battery case:
- Arrest and initial hearing: The criminal journey begins with your arrest, which is followed shortly by an initial hearing in front of a judge. At the initial hearing, the charges are formally presented and you enter a plea of guilty or not guilty. If necessary, the judge may set a bail amount for your conditional release.
- Pre-trial proceedings: This is the period before the trial occurs, where both sides gather evidence through a process called discovery. There will be pre-trial conferences and possibly plea negotiations.
- Trial: If there’s no plea arrangement that both parties can agree on, the case proceeds to trial in front of a judge or a jury.
- Sentencing: If you’re found guilty, the judge will order a criminal sentence. This might occur at the time of conviction, or it might be set for a future hearing. Every offense has a statutory minimum and maximum penalty, and the judge has sentencing discretion within that range.
Don’t Delay, Reach Out Today
No criminal defendant should go to court without representation, and the attorneys at the Marc Lopez Law Firm are here to help. Domestic battery charges and the no contact orders that come along with them can cause a number of headaches. Don’t get frustrated, and don’t try to handle things yourself. Give us a call at 317-632-3642 and remember—always plead the 5th!
