Experienced Defense Attorney for Felony Domestic Violence Charges in Indiana
Facing domestic violence charges in Indiana is a serious matter. This is especially true if you have been charged with a felony. Felony domestic violence convictions can have life-altering consequences, and this makes it critical to hire an experienced attorney who can protect you at all stages of the legal process.
In Indiana, domestic violence laws impose steep penalties for crimes committed against spouses, partners, and other family and household members. While many domestic violence charges are misdemeanors, allegations of domestic violence can also lead to felony charges in some cases.
If you are facing a felony domestic violence charge in Indiana, you need experienced legal counsel. While you may have various defenses available, you will need to build and execute a strong defense strategy focused on the specific details of your case to avoid unnecessary consequences.
Understanding Domestic Violence Laws: Felony Charges in Indiana
Domestic violence is typically prosecuted as the crime of “domestic battery” under Section 35-42-2-1.3 of the Indiana Code. In general, the law provides that an individual commits the crime of domestic battery if the individual:
“[K]nowingly 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.”
While domestic battery is generally a Class A misdemeanor, Section 35-42-2-1.3 provides that prosecutors can pursue felony charges in various circumstances. For example, under Section 35-42-2-1.3(b), domestic battery is a Class 6 felony if:
- You have a prior unrelated conviction for domestic battery or a strangulation offense on your criminal record;
- You are an adult and you committed domestic battery against a family member or household member “in the physical presence of a child less than sixteen (16) years of age, knowing that the child was present and might be able to see or hear the offense;”
- You are an adult and the victim was a family or household member who is less than 14 years old;
- The offense resulted in moderate bodily injury to a family or household member;
- The victim has a mental or physical disability and you are responsible for the alleged victim’s care;
- The victim is an “endangered adult” under Indiana law; or,
- The victim has a protective order or no contact order against you.
Under Section 35-42-2-1.3(c), domestic battery is a Class 5 felony if:
- The offense resulted in serious bodily injury to a family or household member;
- You committed the offense with a deadly weapon; or,
- The offense resulted in physical harm to a pregnant family or household member and you were aware of the pregnancy.
There are also circumstances in which domestic battery can be prosecuted as a Class 4, Class 3, or even Class 2 felony. Under Section 35-42-2-1.3(d)-(f):
- Class 4 Felony: Domestic battery is a Class 4 felony when it results in serious bodily injury to a family or household member who is an endangered adult.
- Class 3 Felony: Domestic battery is a Class 3 felony when the offender is an adult and the crime results in serious bodily injury to a family or household member who is less than 14 years old.
- Class 2 Felony: Domestic battery is a Class 2 felony if it results in the death of a family or household member who is a child under 14 years old (if the offender is an adult) or a vulnerable adult.
Criminal Penalties for Felony Domestic Violence Indiana
If you get convicted of domestic violence in court, the consequences of your conviction will depend on the class of felony with which you are charged. Under Indiana’s legal system, felony convictions generally carry the following penalties:
- Penalties for Class 6 Felonies: Six months to two and one-half years in jail and a $10,000 fine.
- Penalties for Class 5 Felonies: One to six years of jail time and a $10,000 fine.
- Penalties for Class 4 Felonies: Two to twelve years in prison and a $10,000 fine.
- Penalties for Class 3 Felonies: Three to sixteen years in prison and a $10,000 fine.
- Penalties for Class 2 Felonies: Ten to thirty years in prison and a $10,000 fine.
From protection orders to mandatory community service, felony domestic violence convictions can lead to various other legal consequences as well. A felony domestic violence conviction can also impact many other aspects of an individual’s life.
For example, with a felony conviction on your record, you could face challenges related to your job, housing (landlords and lenders can consider potential tenants’ and borrowers’ criminal records), parental rights, and immigration status (domestic violence convictions can potentially result in deportation for non-citizens). A felony domestic violence conviction can result in the loss of your firearm rights under state and federal law as well.
A Domestic Battery Conviction Can Also Result in Loss of Your Gun Rights
In Indiana, a domestic battery conviction can also result in the immediate loss of your gun rights. This is true for both misdemeanors and felonies. Even if you are eventually able to have your conviction expunged, this will not result in the restoration of your right to carry a firearm (though you may be eligible to file a petition to restore your gun rights in the future).
Additionally, under Indiana law, illegally possessing a firearm after a domestic battery conviction is itself a criminal offense. Depending on the circumstances, you could be charged with either a misdemeanor or a felony.
Defense Strategies in Felony Domestic Violence Cases
While domestic battery charges carry several risks, there are also several potential defenses to these charges under Indiana law and the U.S. Constitution. If you hire an experienced criminal defense attorney to represent you, some examples of defenses your attorney may be able to assert on your behalf include:
False Accusations
Unfortunately, false accusations are common in domestic violence cases. False accusations can be challenged with appropriate forms of evidence, including text messages, eyewitness statements, and medical records, among others.
Self Defense
Self defense can be a valid defense strategy in Indiana domestic battery cases. If you acted in self defense, you are not a criminal, and you do not deserve to face the life-altering consequences of a felony domestic battery conviction.
Inconsistencies in the Alleged Victim’s Testimony
Inconsistencies in the alleged victim’s testimony can weaken the prosecution’s case. Prosecutors must be able to prove your guilt beyond a reasonable doubt; and, if the alleged victim’s testimony is unreliable, this could prevent prosecutors from meeting their burden of proof.
Inadmissible Evidence
From questions about inconsistencies to violations of your constitutional rights, various issues could render the prosecution’s evidence against you inadmissible in court. If the prosecution’s evidence is inadmissible—and you can prove it—keeping the prosecution’s evidence out of court could be enough to help you avoid a conviction regardless of the underlying facts of your case.
Insufficient Evidence
Since the prosecution has the burden of proof, if the prosecution’s evidence is insufficient in any regard, this should be enough to protect you from a conviction. With that said, it is up to you to show that a conviction is unwarranted. Indiana domestic violence defense attorney Stan Wruble can assess the prosecution’s case and determine whether prosecutors have the evidence they need to convict you.
FAQs: Fighting Felony Domestic Violence Charges in Indiana
What should I do if I am facing felony domestic battery charges in Indiana?
If you are facing felony domestic battery charges in Indiana, you should discuss your case with an experienced criminal defense attorney right away. Even if you are facing false accusations, you will need to fight to avoid a life-altering conviction. An attorney who has experience handling these cases will be able to use his or her experience to help you fight the prosecution’s case using all defenses you have available.
Will a felony domestic violence conviction impact my child custody rights?
Yes, a felony domestic violence conviction can impact your child custody rights. If you currently have partial custody or visitation rights, your conviction could result in loss of your parenting rights. Having a domestic violence conviction on your record can impact your child custody rights in the future as well.
What happens if I violate a no contact order in Indiana?
Courts in Indiana routinely issue strict no contact orders following domestic violence arrests. Even if you have not been convicted of domestic violence, violating a no contact order can have serious consequences. If you are facing a felony domestic battery charge as the result of violating a no contact order, you could be facing additional penalties on top of those for your domestic battery charge. As discussed above, felony domestic violence convictions can result in years of prison time and up to a $10,000 fine. A conviction for violating a no contact order could lead to additional fines and jail time.
Should I consider a plea bargain if I have been charged with felony domestic battery?
Plea bargaining can significantly reduce defendants’ charges and penalties in domestic violence cases. With that said, accepting a plea bargain means pleading guilty in court—so it is critical to ensure that this is your best option under the circumstances at hand. Indiana criminal defense attorney Stan Wruble can help you make an informed decision based on the specific circumstances of your case.
Is pre-trial diversion an option in felony domestic battery cases?
Pre-trial diversion is an option in some (but not all) felony domestic battery cases. If you are eligible for a pre-trial diversion program, successfully completing the program could lead to dismissal of your charge. Indiana criminal defense attorney Stan Wruble can determine if you are eligible and then advise you accordingly.
Discuss Your Case with Indiana Criminal Defense Attorney Stan Wruble
If you are facing a felony domestic violence charge in Indiana, we strongly encourage you to contact us right away. We have the experience such cases demand, and we are committed to protecting our clients by all means available. To schedule a free consultation with Indiana criminal defense attorney Stan Wruble, call us at 317-308-8584 or tell us how we can reach you online now.