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Get the Legal Representation You Need from an Experienced Indianapolis Domestic Violence Attorney

Domestic battery is a serious offense under Indiana law. Similar to domestic assault and other domestic violence convictions, a domestic battery conviction can impact your life for years—if not decades—to come. If you are facing charges, this makes it critical to have an experienced criminal defense attorney on your side.

Stan Wruble is a criminal defense attorney who has extensive experience representing clients in Indianapolis domestic violence cases. If you are being accused of domestic battery or any other form of domestic or family violence, he can help you—but it is important that you contact us promptly. Like all criminal charges, defending against domestic battery and other domestic violence charges requires an informed and effective defense strategy, and it will be critical to get started on your defense as soon as possible.

Understanding When You Can Be Charged with a Domestic Violence Offense Under Indiana Law

When you are facing domestic violence charges of any type, understanding the specific allegations against you is key to building an effective defense. Similar to other types of domestic violence charges, prosecutors can only pursue domestic battery charges in cases involving alleged acts committed against a “family or household member.” Under Section 35-31.5-2-128 of the Indiana Code, this specifically includes:

  • A current or former spouse or domestic partner
  • A current or former boyfriend or girlfriend (regardless of whether the parties have an intimate relationship)
  • Anyone related by blood or adoption
  • Anyone related by a current or former marriage
  • A current or former guardian, ward, custodian, or foster child
  • A parent of a shared child

Generally, the definition of “family or household member” covers most people with whom an alleged assailant has (or has had) a domestic relationship. If you committed an act of violence against someone who does not qualify as a family or household member, you may be at risk of facing prosecution for another crime, but you should not be at risk of facing a domestic battery conviction.

 

Classification of Domestic Battery Charges Under Indiana Law

The crime of domestic battery is defined in Section 35-42-2-1.3 of the Indiana Code. This section of the law is complex, and it outlines several different offenses that range from a Class A misdemeanor to a Level 2 felony:

Class A Misdemeanor Domestic Battery

Under Section 35-42-2-1.3, there are two circumstances in which state prosecutors can seek a Class A misdemeanor domestic battery conviction:

  • The defendant “knowingly or intentionally . . . touch[ed] a family or household member in a rude, insolent, or angry manner;” or,
  • The defendant “knowingly or intentionally . . . in a rude, insolent, or angry manner plac[ed] any bodily fluid or waste on a family or household member.”

Level 6 Felony Domestic Battery

Domestic battery can be elevated from a Class A misdemeanor to a Level 6 felony under various circumstances. For example, you may be facing a Level 6 felony charge instead of a misdemeanor if:

  • You have an unrelated prior conviction for battery or strangulation;
  • You are 18 or older and allegedly committed the offense in the presence of a child 15 or younger, “knowing that the child was present and might be able to see or hear the offense;”
  • The alleged offense resulted in “moderate bodily injury” to a family or household member;
  • You are 18 or older and the alleged victim is a family or household member who was 13 or younger;
  • The alleged victim has a mental or physical disability and you are responsible for the alleged victim’s care;
  • The alleged victim is an “endangered adult,” as defined by Indiana law; or,
  • The alleged victim is protected under a protective order or no contact order.

Level 5 Felony Domestic Battery

Domestic battery can also be elevated from a Class A misdemeanor to a Level 5 felony in some cases. For example, you may be facing a Level 5 felony charge if:

  • The alleged offense resulted in serious bodily injury to a family or household member;
  • The alleged offense was committed with a deadly weapon;
  • Bodily injury occurred to a family or household member who was pregnant (if you know about the pregnancy);
  • You have a prior conviction for battery or strangulation committed against the same family or household member; or,
  • The alleged offense resulted in bodily injury to a family or household member who was 13 or younger, who has a mental or physical disability, or who qualifies as an “endangered adult.”

Level 4 Felony Domestic Battery

Domestic battery is classified as a Level 4 felony when the offense results in serious bodily injury to a family or household member who qualifies as an “endangered adult.”

Level 3 Felony Domestic Battery

Domestic battery is classified as a Level 3 felony when the offense results in serious bodily injury to a family or household member who is 13 or younger and the assailant is 18 or older.

Level 2 Felony Domestic Battery

Domestic battery is classified as a Level 2 felony when the offense results in the death of either: (i) a household or family member who is 13 or younger (if the assailant is 18 or older); or, (ii) a household or family member who qualifies as an “endangered adult.”

Penalties for Domestic Violence Charges in Indiana

If you have been arrested for domestic battery (or any other domestic violence offense) in Indianapolis, the penalties you are facing depend on the level of the offense with which you are being charged. Under Indiana law, the sentencing ranges for domestic battery charges are as follows:

  • Class A Misdemeanor – Up to one year in prison and up to a $5,000 fine
  • Level 6 Felony – Between 6 months and 30 months in prison and up to a $10,000 fine
  • Level 5 Felony – Between 1 and 6 years in prison and up to a $10,000 fine
  • Level 4 Felony – Between 2 and 12 years in prison and up to a $10,000 fine
  • Level 3 Felony – Between 3 and 16 years in prison and a $10,000 fine
  • Level 2 Felony – Between 10 and 30 years in prison and up to a $10,000 fine

Convictions for domestic violence offenses can lead to other penalties as well. Having a domestic battery conviction on your criminal record can also lead to collateral consequences impacting all aspects of your personal and professional life. These can include consequences related to your child custody or visitation rights, among many others.

This makes it imperative to build and execute a robust defense strategy focused on challenging the prosecution’s case by all means available. While prosecutors have the burden of proving your guilt beyond a reasonable doubt, as a defendant in Indiana’s criminal justice system, it is up to you to fight for a favorable outcome that avoids unwarranted consequences.

How a Skilled Attorney Can Help With Your Domestic Battery Case in Indianapolis

With domestic battery convictions carrying long prison sentences, substantial fines, and other serious consequences, individuals who are facing domestic battery charges need experienced legal representation. If you are facing a domestic battery case in Indianapolis, here are just some of the ways a skilled attorney can help:

  • Your attorney can work quickly to gather evidence that protects you and preserve evidence so that it remains admissible in court.
  • Your attorney can defend against allegations that common household items constitute deadly weapons or that you caused physical harm.
  • Your attorney can advise you regarding the viability of asserting self-defense and other defenses to criminal culpability.
  • Your attorney can advise you regarding the desirability of plea bargaining as opposed to fighting your case in court.
  • Your attorney can help you understand the implications of any aggravating factors or other circumstances that could impact your case.
  • Your attorney can explain the legal process and help you navigate the legal system with a focus on helping you avoid a conviction and life-changing criminal history.

Again, these are just examples. If you have been accused of domestic battery in Indianapolis or the surrounding areas, we strongly encourage you to contact our law firm for more information.

FAQs: Defending Against Domestic Violence Cases Involving Allegations of Domestic Battery

How is domestic battery defined under Indiana’s domestic violence laws?

Domestic battery has a very specific definition in Indiana. To secure a conviction, prosecutors must be able to prove that the defendant “knowingly or intentionally . . . touch[ed] a family or household member in a rude, insolent, or angry manner . . . [or] in a rude, insolent, or angry manner plac[ed] any bodily fluid or waste on a family or household member.” As a result, while verbal abuse and financial abuse may warrant other domestic violence-related charges, they do not warrant a domestic battery charge under Indiana law.

Is domestic battery different from domestic abuse?

Yes, domestic battery is different from domestic abuse under Indiana law. While domestic abuse can take many different forms, to secure a domestic battery conviction, prosecutors must be able to prove one of the specific unlawful acts discussed above.

What are my rights if I am facing false accusations of domestic battery?

If you are facing false accusations of domestic battery, you have the right to protect yourself by all means available. This includes proving that the accusations against you are untrue. When you hire an experienced Indianapolis domestic violence lawyer to represent you, your lawyer will be able to work to gather the evidence needed to prove that you have been falsely accused.

How do I prove the alleged victim’s accusations are false?

Various forms of evidence may be available to prove that the alleged victim’s accusations are false. These include text messages, social media posts, eye-witness testimony, and evidence of an alibi, among others.

Will a prior conviction impact my Indiana domestic battery case?

A prior conviction can impact your domestic battery case under Indiana law. For example, depending on the nature of your prior conviction and the specific allegations against you, your prior conviction could elevate your current charge from a Class A misdemeanor to a Level 6 or Level 5 felony.

How will causing bodily injury impact my Indiana domestic battery case?

Causing bodily injury can also raise the stakes in your Indiana domestic battery case. At a minimum, domestic battery resulting in bodily injury is a Level 6 felony. However, causing serious bodily injury to certain family or household members can lead to a Level 3 felony charge.

How will possession of a deadly weapon impact my Indiana domestic battery case?

Committing domestic battery with a deadly weapon is, at a minimum, a Level 5 felony under Indiana law. This means that you are facing at least a year in prison and a $10,000 fine. However, other factors involved in your case could raise the stakes even further.

Request a Free Consultation with Indianapolis Domestic Violence Lawyer Stan Wruble

Have you been accused of domestic battery in Indiana? If so, we encourage you to contact us right away. To schedule a free case evaluation with experienced Indianapolis domestic violence attorney Stan Wruble as soon as possible, call 317-308-8584 or tell us how we can reach you online now.