Image of barbed wire fence and a growing tree, representing the need for a strong defense against an Indiana domestic battery charge.

How to Fight an Indiana Domestic Battery Charge

Domestic battery charges can have serious legal consequences in Indiana and elsewhere. As a law firm dedicated to serving the Carmel-Fishers area of Hamilton County as well as greater Indianapolis, Camden & Meridew understands the importance of a strong legal defense for individuals facing an Indiana domestic battery charge.

In this blog post, we will explore the main points surrounding domestic battery charges, penalties, and defense strategies, offering valuable insights to those in need.

Understanding Your Indiana Domestic Battery Charge

Under Indiana Code § 35-42-2-1.3, domestic battery is defined as the intentional act of touching a family or household member in a manner that is rude, insolent, or angry or causing them bodily injury. It is crucial to recognize that the term “family or household member” encompasses a broad range of relationships including spouses, former spouses, dating or previous dating partners, individuals who share a child, and those who live or have lived together as a family.

It should also be noted that domestic battery is classified separately from battery against a person who is not a household or family member, and the penalties may differ from those imposed for battery charges in Indiana.

Penalties for Domestic Battery in Indiana

The severity of domestic battery charges in Indiana varies based on the circumstances of the offense and any prior convictions. The potential penalties for domestic battery include the following:

  • Class A misdemeanor: For a first-time offense, individuals may face up to one year in jail and a fine of up to $5,000.
  • Level 6 felony: If the offense results in moderate bodily injury, is committed against certain individuals protected under the law, or the defendant has a prior domestic battery or strangulation conviction, they may face a prison term of six months to two and one-half years and a fine of up to $10,000.
  • Level 5 felony: In cases involving serious bodily injury, use of a deadly weapon, harm to certain protected individuals, or if the offender has a prior conviction for a felony domestic battery offense, the penalties range from one to six years in prison, along with a fine of up to $10,000.
  • Level 4 felony: When an offense results in serious bodily injury or is committed against an endangered adult, the penalties, if convicted, include between two and 12 years of incarceration and fines up to $10,000.
  • Level 3 felony: If the offense was committed by a person more than 18 years old against a family or household member under the age of 14 and serious injury resulted, the penalties include three to 16 years in prison and as much as $10,000 in fines.
  • Level 2 felony: If the offense causes the death of a person under the age of 14 or an endangered adult, the penalties include between ten and 30 years of incarceration and up to $10,000 in fines.

A strong Indianapolis domestic battery defense may reduce or eliminate the charges against you as well as any related penalties. Continue reading to learn some of the defense strategies that may be available to you.

Strategies for Fighting an Indiana Domestic Battery Charge

When facing domestic battery charges, it is important to consult with an experienced Indiana domestic violence defense attorney. Here are some common defense strategies that may be employed:

Self-Defense or Defense of Others

If you can establish that your actions were in response to a genuine threat or to protect yourself or someone else from harm, it may be considered a valid defense.

Lack of Intent

If it can be shown that the alleged battery was accidental or unintended, it may help build a defense against the charges.

Mistaken Identity

When there is a lack of clear evidence linking you to the alleged offense, establishing mistaken identity can be a strong defense strategy.

False Accusations

In some cases, domestic battery charges may arise from false or exaggerated accusations. A skilled Indiana domestic battery defense attorney can help gather evidence to challenge these allegations.

Insufficient Evidence

Challenging the prosecution‘s evidence and highlighting any gaps or inconsistencies in their case can provide a solid defense strategy.

Contact an Experienced Indiana Domestic Battery Defense Attorney

Navigating the complexities of domestic battery charges in Indiana requires the knowledge and skills of an Indiana domestic violence defense attorney. Josiah J. Swinney of Camden & Meridew, P.C. in the Carmel-Fishers area of Hamilton County has deep experience defending people facing domestic battery charges. He will protect your rights, assess the evidence, and build a strong defense tailored to your specific case.

Understanding the intricacies of an Indiana domestic battery charge or charges, as well as the potential penalties and defense strategies, is crucial for anyone facing this difficult situation. Each case is unique. Seeking legal representation ensures the best possible outcome.

If you or someone you know is facing domestic battery charges, consult with greater Indianapolis domestic battery defense attorney Josiah Swinney at the law offices of Camden & Meridew, P.C. Call 317-770-0000 to protect your rights and build a strong defense. You may also fill out this online contact form for more information.