The Role of Self-Defense in Domestic Violence Cases (Indiana Code 35-42-4-9)
If you are facing allegations of domestic violence, it is important that you understand your legal rights and the potential defenses you can raise. These are based on the particular circumstances surrounding your case, but one common defense is self-defense. The board-certified attorneys at The Criminal Defense Team can evaluate your case during a free consultation and explain how self-defense may apply based on your particular circumstances.
Domestic Violence Defined in Indiana
Under Indiana Code 35-42-4-9, domestic or family violence is defined as a family or household member committing one or more of the following acts:
- Attempting to cause, threatening to cause, or causing physical harm to another family or household member without legal justification
- Placing a family or household member in fear of physical harm without legal justification
- Causing a family or household member to involuntarily engage in sexual activity by force, threat of force or duress
- Abusing, torturing, mutilating, or killing a vertebrate animal without justification with the intent to threaten, intimidate, coerce, harass, or terrorize a family or household member
To be convicted of this crime, the prosecutor must be able to establish the relationship between you and the alleged victim are household or family members and that you committed one of the acts described above.
How Self-Defense Affects a Domestic Violence Case in Indianapolis
In the chapter that describes domestic violence in the Indiana Code, the specific language “except for an act of self-defense” appears before the definition. Therefore, self-defense is an absolute defense to the crime of domestic violence. If you caused physical harm to a family or household member simply because you were trying to defend yourself, this action does not meet the definition of domestic violence under the law, and you should not be convicted.
How to Prove Self-Defense in Indiana
The prosecutor has the burden of proving you committed each element of the crime by proof beyond a reasonable doubt. In theory, you don’t have to prove anything to secure a not guilty verdict because it is the prosecutor’s responsibility to meet their burden, and you are presumed innocent. However, most criminal defendants who argue self-defense try to present evidence to exonerate themselves of these charges, such as:
- Their testimony
- Previous reports in which the alleged victim was the aggressor
- Witness statements
- Medical records
- Photos of injuries
- Videos of the incident in question
A skilled domestic violence lawyer in Indianapolis can analyze your case and investigate if there is compelling evidence that can help prove self-defense.
Contact Us to Discuss Your Case During a Free Consultation
If you are facing accusations of domestic violence or criminal charges, contact an experienced Indianapolis criminal defense lawyer from The Criminal Defense Team of Baldwin Perry & Wiley PC. Our board-certified attorneys understand Indiana’s domestic violence laws and can explain when you may have a viable self-defense argument to make in a criminal case. Call us at (317) 678-9853 for a free, no-obligation consultation.