Indiana Domestic Violence Defense Lawyer

Have you been threatened or served with a domestic violence injunction or restraining order? Being involved in a situation in which there is violence, or the threat of violence, where you reside can be absolutely frightening. Taking action to protect yourself can be intimidating, so the best decision is to speak to an Indiana domestic violence defense attorney.

Often surrounding a domestic violence arrest can be what is perceived as a misunderstanding, or even an outright false accusation that designed to do you harm. Either way, having a strong, efficient and effective defense attorney on your side is essential to protecting your rights and personal safety. Give our office a call at 317-721-4783 to speak with a domestic violence defense lawyer today!

INDIANA DOMESTIC VIOLENCE

What is Domestic Violence?

Domestic violence is now commonly defined broadly to include “all acts of physical, sexual, psychological or economic violence” that may be committed by a family member or intimate partner.

Need an Indiana Domestic Violence Defense Attorney

317-721-4783

When Charged with Domestic Violence

When charged with domestic violence, there are several claims of defense that are generally asserted. As an example, the self-defense claim is most commonly used when the alleged victim was actually the aggressor. Additionally, it is possible to argue that the offense has not been proved, or that the defendant was never in any type of “domestic” relationship with the victim.

No matter the underlying offense, it is often in the best interest of the defendant to retain an Indianapolis criminal defense attorney as soon as possible. A criminal lawyer will research the facts of the case to do the following:

  • Negotiate for reduced charges
  • Arrange a plea deal
  • Work to get the evidence thrown out
  • Work to get the case dismissed

Hiring an Indiana domestic violence defense attorney as soon as possible is in your best interest to prevent a potential life changing criminal conviction.

Potential Domestic Violence Conviction Penalties

A domestic violence conviction has serious consequences which can include:

  • Prison time
  • Jail time
  • Community service
  • Probation
  • Fines

A domestic violence conviction can be life changing, which is why it is important to retain a highly skilled criminal defense attorney.

DOMESTIC VIOLENCE ATTORNEY IN INDIANA

Indiana Domestic Violence Statute

Sec. 1.3. (a) Except as provided in subsections (b) through (f), a person who knowingly or intentionally:

(1) touches a family or household member in a rude, insolent, or angry manner; or

(2) in a rude, insolent, or angry manner places any bodily fluid or waste on a family or household member;

commits domestic battery, a Class A misdemeanor.

(b) The offense under subsection (a)(1) or (a)(2) is a Level 6 felony if one (1) or more of the following apply:

(1) The person who committed the offense has a previous, unrelated conviction:

(A) for a battery offense included in this chapter; or

(B) in any other jurisdiction, including a military court, in which the elements of the crime for which the conviction was entered are substantially similar to the elements of a battery offense included in this chapter.

(2) The person who committed the offense is at least eighteen (18) years of age and committed the offense against a family or household member in the physical presence of a child less than sixteen (16) years of age, knowing that the child was present and might be able to see or hear the offense.

(3) The offense results in moderate bodily injury to a family or household member.

(4) The offense is committed against a family or household member who is less than fourteen (14) years of age and is committed by a person at least eighteen (18) years of age.

(5) The offense is committed against a family or household member of any age who has a mental or physical disability and is committed by a person having the care of the family or household member with the mental or physical disability, whether the care is assumed voluntarily or because of a legal obligation.

(6) The offense is committed against a family or household member who is an endangered adult (as defined in IC 12-10-3-2 ).

(c) The offense described in subsection (a)(1) or (a)(2) is a Level 5 felony if one (1) or more of the following apply:

(1) The offense results in serious bodily injury to a family or household member.

(2) The offense is committed with a deadly weapon against a family or household member.

(3) The offense results in bodily injury to a pregnant family or household member if the person knew of the pregnancy.

(4) The person has a previous conviction for a battery offense:

(A) included in this chapter against the same family or household member;  or

(B) against the same family or household member in any other jurisdiction, including a military court, in which the elements of the crime for which the conviction was entered are substantially similar to the elements of a battery offense included in this chapter.

(5) The offense results in bodily injury to one (1) or more of the following:

(A) A family or household member who is less than fourteen (14) years of age if the offense is committed by a person at least eighteen (18) years of age.

(B) A family or household member who has a mental or physical disability if the offense is committed by an individual having care of the family or household member with the disability, regardless of whether the care is assumed voluntarily or because of a legal obligation.

(C) A family or household member who is an endangered adult (as defined in IC 12-10-3-2 ).

(d) The offense described in subsection (a)(1) or (a)(2) is a Level 4 felony if it results in serious bodily injury to a family or household member who is an endangered adult (as defined in IC 12-10-3-2 ).

(e) The offense described in subsection (a)(1) or (a)(2) is a Level 3 felony if it results in serious bodily injury to a family or household member who is less than fourteen (14) years of age if the offense is committed by a person at least eighteen (18) years of age.

(f) The offense described in subsection (a)(1) or (a)(2) is a Level 2 felony if it results in the death of one (1) or more of the following:

(1) A family or household member who is less than fourteen (14) years of age if the offense is committed by a person at least eighteen (18) years of age.

(2) A family or household member who is an endangered adult (as defined in IC 12-10-3-2 ).

Have You Been Charged with a Domestic Violence in Indiana?

If you have been charged with domestic violence in the State of Indiana and are in the need of an Indiana domestic violence defense attorney, call us. As a top-rated criminal defense attorney we help defend our clients against domestic violence as well other criminal charges daily. Reach the team at D Turner Legal at 317-721-4783 for assistance with your charges today.