If you have been accused of committing a domestic violence offense in Indiana, the consequences of a conviction could be devastating. Not only could you be subject to jail time and fines, but your reputation could be destroyed, and with a restraining order taken out against you, you could be removed from your home and prohibited from being in contact with your family.
Fighting a domestic violence charge in Indiana may be your best opportunity to clear your name. Here is more about when you could be charged with domestic violence in Indiana and which defense strategies may make the most sense for your case.
Understanding Your Indiana Domestic Violence Charge
Domestic violence charges are more commonly referred to as “domestic battery” as described under Indiana Code § 35-42-2-1.3. This involves the intentional touching of a household or family member in a way that is insolent, angry, rude or causes them serious bodily injury.
Understanding which parties are considered household or family members is essential. If the alleged victim in your case cannot be considered a household or family member, you should not be charged with domestic violence. This is generally considered a class A misdemeanor.
If convicted, you could be facing up to $5,000 in fines and as much as 365 days in jail. However, depending on the type of domestic violence charge you are facing and the specific circumstances of your case, you could also be charged with felony domestic violence. At the felony level, you could be looking at as much as 30 years in an Indiana state prison facility and fines not to exceed $10,000.
Possible Strategies for Fighting a Domestic Violence Charge in Indiana
If you are hoping to fight a domestic violence charge in Indiana, it is important to consider the specific details of your case when crafting your defense strategy. While you might have thought you would need to defend yourself at trial, this may not always be necessary. Here are some of the most common ways of challenging domestic violence accusations.
Pretrial Diversion or Plea Agreements
Working out a plea agreement or enrolling in pretrial diversion may be a better option than taking your chances in court. In domestic violence cases, you may not be eligible for pretrial diversion, as these typically require the defendant to be facing a nonviolent, first-time offense.
However, the district attorney may be willing to work out a plea deal. If you have a long criminal record, the nature of the offense was particularly serious, or the state’s case against you is strong, a plea agreement may be in your best interests. Ultimately, it is up to you to decide.
Defenses at Trial
If the prosecutor is unwilling to work out a plea, you do not qualify for pretrial diversion, or the charges against you cannot be dismissed, defending yourself at trial may be your best option. There are several potential defense strategies that could be utilized, depending on the circumstances of your case. Some of the most common defenses to domestic violence allegations include:
- Mistaken identity
- Lack of intent
- Lack of sufficient evidence
- Unlawful search and seizure
- Constitutional rights violations
You might also argue that the alleged victim made false accusations against you or that you were acting in defense of yourself or others. However, it is important to note that self-defense is only a valid defense if you use a reasonable amount of care to protect yourself or others from imminent harm.