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Indiana: Domestic Battery Charges

Tuesday, March 31, 2020

What is Domestic Battery?

Domestic Battery is knowingly and intentionally touching someone you have a domestic relationship with in a way that is rude, insolent or angry manner.

Under Indiana’s legal code (IC ยง35-42-2-1.3), domestic battery is a battery offense that is committed against a person who fits one of the following categories:

  • Is or was the offender’s spouse.
  • A person the offender was living with as if the two individuals were spouses.
  • A person with whom the offender shares a child with.

Will I be charged with a Misdemeanor or Felony?

Domestic Battery charges start out as an A misdemeanor, however, there are factors that can increase the charge to a felony, such as:

  • If the Defendant has any prior domestic battery convictions.
  • They touch a family or household member.
  • The battery took place in the presence of a child less than sixteen (16), who the aggressor knew was present and might be able to see or hear the event.

 Domestic Battery charges: Penalties

  • Class A misdemeanor is punishable by up to one year of imprisonment and a fine of up to $5,000.
  • Level 6 felony is punishable by six months to 2 and 1/2 years of imprisonment and a fine up to $10,000.
  • Level 5 felony is punishable by one to six years of imprisonment and a fine up to $10,000.

Domestic Battery charges in Indiana can carry with them a hefty penalty in terms of jail time, but they also affect your ability to possess a firearm. It is important to have an attorney who is knowledgeable and honest with you about your case. The attorneys at Vanderpool Law Firm are here to help you through this difficult time. Give us a call today.