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What is Domestic Battery?

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Domestic battery charges can arise from many types of disputes between family members. Not only can the disputes affect your relationships with those family members, but the repercussions of a domestic battery charge can, too.

If you’ve been charged with domestic battery, contact the Indianapolis domestic violence defense attorneys of The Criminal Defense Team today. We have experience building effective defense strategies to help achieve the best outcome for our clients who have been accused of domestic battery. Call us today at (317) 687-8326 or contact us online for a free evaluation of your case.

How is Domestic Battery Defined?

Domestic battery occurs when someone, in a rude, angry, or disrespectful manner, knowingly or intentionally touches a family or household member or puts bodily fluid or waste on a family or household member.

For the purposes of this offense, a family member can be a spouse, parent or stepparent, child or stepchild, grandchild or step-grandchild, grandparent or step-grandparent, brother, sister, stepbrother, or stepsister, niece or nephew, an aunt or uncle, daughter-in-law or son-in-law, mother-in-law or father-in-law, or a first cousin.

Potential Penalties for a Domestic Battery Charge in Indiana

A domestic battery charge in Indiana can be either a misdemeanor or a felony.  If you are charged with committing domestic battery, it is a Class A misdemeanor. Class A misdemeanors in Indiana carry a penalty of up to 1 year in prison and up to a $5,000 fine.

If you are charged with domestic battery, it is a Level 6 felony if:

  • You have a previous conviction for battery or strangulation
  • You are 18 years old or older and committed domestic battery while you knew a child under the age of 16 years was present and could see or hear the battery in progress
  • The person you committed domestic battery against was moderately injured
  • You are 18 years old or older, and the person you committed domestic battery against was under the age of 14 years old
  • The person you committed domestic battery against is an endangered adult (a person who is 18 years or older and is incapable of caring for themselves and managing their own property due to mental and physical reasons), or
  • The person you committed domestic battery against has a mental or physical disability, and they were voluntarily or legally in your care

A Level 6 felony carries a penalty of up to 2.5 years imprisonment and a fine up to $10,000.

A domestic battery charge is a Level 5 felony if:

  • You have a previous conviction for battery against the same person you are charged with committing battery against now
  • The person you committed domestic battery against sustains serious injuries
  • You committed domestic battery with a deadly weapon
  • You knowingly injured a pregnant family or household member when you committed domestic battery against them
  • The person you committed domestic battery against was injured, and they were either under the age of 14 years old, had a mental or physical disability, and they were voluntarily or legally under your care, or they were an endangered person

A Level 5 felony carries a penalty of up to 6 years imprisonment and a fine of up to $10,000.

The domestic battery charge is a Level 4 felony if the person you committed the offense against was severely injured and is an endangered adult. The maximum penalty for a Level 4 felony is 12 years imprisonment and a $10,000 fine.

The domestic battery charge is a Level 3 felony if you are 18 years old or older, the person you committed the offense against was severely injured, and they are less than 14 years old. The maximum penalty for a Level 3 felony is 16 years imprisonment and a $10,000 fine.

If the domestic battery resulted in the death of an endangered adult or a child less than 14 years old, that is a Level 2 felony, for which you could receive 30 years imprisonment and a $10,000 fine.

If you’ve been charged with domestic battery, there’s a wide range of potential penalties depending on your criminal history, who the battery was against, and whether they were injured. The risk of losing your liberty and facing financial ruin is high, so it is vital that you obtain skilled legal representation from a criminal defense lawyer in Indianapolis.