What is the Definition of Domestic Battery in Indiana?

Indiana laws set a boundary between acceptable social conduct and criminal behavior, emphasizing the intention behind the conduct. Domestic battery is a criminal offense with legal and collateral consequences. It entails physical abuse against a family member and differs from other battery cases.

Personal injury attorneys in Anderson explain that under I.C. 35-42-2-1.3, you can be charged with domestic battery if you intentionally or knowingly:

  • Touch a family or household member in an insolent, rude, or angry way
  • Place any bodily fluid or waste on a family or household member

The offense is a Class A misdemeanor, and the consequences can be stiff. If you’re facing domestic battery charges, consult skilled legal representatives for legal guidance on defending against the charges.

Who Is Considered a Family or Household Member in Indiana?

Anderson assault and battery lawyers say that the law under  I.C. 35-31.5-2-128 considers the following individuals as family or household members in the context of domestic battery:

  •  A minor living with the offender
  • A current or former spouse of the offender
  • A person dating or who dated the offender in the past
  • A person who is or was engaged in a sexual relationship with the offender
  • An individual with a relation through blood, marriage, or adoption to the offender
  • Anyone who has or had a legally established relationship, such as a guardian, ward, custodian, or foster parent to the offender
  • A person who has a child in common with the offender.

What Are Other Forms of Battery in Indiana?

You could also face charges for other more severe forms of battery in Indiana, resulting in harsher penalties. They include the following:

  • Battery causing severe injury: You could face charges for a Level 5 felony if the alleged victim sustained a serious injury during the battery
  • Battery leading to moderate injury or risk of infection: The court could charge you with a Level 6 felony if the alleged victim suffered moderate injury or if you placed bodily fluid or waste that you knew contained tuberculosis, hepatitis, or HIV.
  • Class A Misdemeanor: An improper touch involving a special victim, such as a law enforcement officer or correctional officer, is a Class A Misdemeanor even if it didn’t result in injury.
  • Battery with a deadly weapon: If you used a deadly weapon like a gun, teaser, or stun gun to commit battery, you risk charges for a Level 5 felony, regardless of the severity of the victim’s injuries.

What Are the Penalties for Domestic Battery in Indiana?

The legal consequences for domestic battery in Indiana vary, depending on the circumstances surrounding the crime and the level or class of the charges. Anderson assault and battery attorneys highlight the following penalties upon a conviction:

  • Level 2 felony: 10-30 years in prison, 17 and a half years of advisory sentence, and a potential fine of not more than $10,000
  • Level 3 felony: 3-16 years in jail, up to 9 years of advisory sentence, and up to $10,000 in fines
  • Level 4 felony: Two to 12 years imprisonment, six years of advisory sentence, and up to $10,000 in fines
  • Level 5 felony: A fine of up to $10,000, between one and six years in prison, and three years of advisory sentence.
  • Level 6 felony: Imprisonment of between six months and two and a half years, one year of advisory sentence, and a fine of up to $10,000

What is Assault in Indiana?

People often confuse battery and assault, but the two are entirely different crimes. Assault implies the threat of harm and not the act itself. The Indiana Code doesn’t have specific criminal offenses referred to assault, but the most closely related crime would be intimidation. You can be charged with intimidation, a Class A Misdemeanor, if you issue a threat with the intent to:

  • Make your victim engage in specific conduct against their will
  • Place another person in fear of retaliation for a previous lawful act
  • Make a person fear that you will carry out the threat

Assault can also be charged as criminal recklessness under Code Section 35-42-2-2, depending on the circumstances. Assault and battery lawyers in Anderson lawyers say the charge could result in Level 5 or 6 felony penalties. Ensure you retain skilled defense lawyers to help you beat the charges.

Penalties for Assault

The punishments for assault in Indiana depend on the specifics of the charges. You risk being punished in the following ways upon conviction:

  • Intimidation or threat: You could be sentenced to up to one year in jail, fined up to $5,000 for a Class A misdemeanor, up to 2 and a half years in jail, and up to $10,000 in fines for a Level 6 felony.
  • Criminal recklessness: For a Class B misdemeanor, you risk up to 180 days in jail and a fine of up to $1,000, or between six months and two and a half years in prison and fines of up to $10,000 for a Level 6 felony.

In most cases, assault and battery are charged together. When this happens, the two offenses may result in the most severe penalty, a level 1 felony that attracts 20-40 years in prison and an advisory term of thirty years.

Evaluating the Different Between Various Battery Charges with the Help of Skilled Assault and Battery Lawyer

Assault and battery are two distinct unlawful acts with varying nuances and complexities. If facing charges for domestic battery, it would be in your best interests to seek the legal counsel and representation of experienced assault and battery lawyers in Anderson to help you navigate the charges. They understand how to navigate the laws and system and can fight for the most favorable outcome.

Beeman Heifner Benge, P.A. is a law firm in Anderson with dedicated assault and battery attorneys who can look into your case. The law in Indiana is aggressive against assault and battery, and a lot is at stake. Don’t compromise your future. Call us at 765-684-4355 for a FREE consultation.