Domestic Violence and Assault Charges in Indianapolis – A Helpful Guide

Domestic violence and assault charges in Indianapolis can be scary and overwhelming to deal with. But with the right information and legal help, you can get through this difficult time. This article provides a helpful overview of domestic violence laws in Indiana, potential charges and penalties, and defense strategies that could help your case.

Understanding Domestic Violence Laws in Indiana

The domestic violence laws in Indiana are aimed at protecting victims and holding perpetrators accountable for abusive behavior. Domestic violence includes physical, emotional, sexual or financial abuse between family or household members[1].

Some specific domestic violence crimes in Indiana law include[2]:

• Battery – physically harming someone else intentionally or recklessly
• Strangulation – impeding breathing or blood flow by applying pressure to the neck or throat
• Criminal confinement – holding someone against their will

Domestic battery involves touching a family or household member in a rude, angry or insolent manner. It can be charged as a misdemeanor or felony depending on circumstances like injuries, criminal history, and the presence of children[3].

Who is Considered a Family or Household Member?

Under Indiana law, family or household members include[3]:

• Current and former spouses
• People who have a child together
• People who currently or used to date
• People who currently or formerly lived together
• Parents, children, foster parents, foster children
• In-laws

So domestic violence charges can arise from abuse between a wide range of family and intimate relationships.

Potential Charges and Penalties

Like other crimes, domestic violence offenses can be charged as misdemeanors or felonies depending on circumstances. Some potential charges include:

• Class A misdemeanor domestic battery – up to 1 year in jail and $5,000 fine[3]
• Level 6 felony domestic battery – up to 2.5 years in prison and $10,000 fine[3]
• Strangulation – Level 6 felony, up to 2.5 years and $10,000 fine[2]
• Criminal confinement – Level 6 felony up to 2.5 years and $10,000 fine[2]

Higher felony charges are possible if the domestic battery involves serious injuries, endangered adults or other factors. Penalties get more severe if there is a criminal history like prior domestic violence convictions.

Consequences Beyond Jail Time

Domestic violence charges can impact much more than just freedom. Some additional consequences may include[2]:

• Loss of child custody or visitation rights
• Protective orders restricting contact with the victim
• Loss of gun ownership rights
• Difficulty finding a job or housing
• Social stigma and damage to relationships

So it’s important to fight the charges and avoid conviction to mitigate these consequences.

Common Defenses Against Domestic Violence Charges

There are several legal defenses that could potentially get domestic violence charges reduced or dismissed in Indiana. Common defenses include[3]:

• Self-defense – You acted in self-defense against violence initiated by the other person.
• False allegations – The accuser is exaggerating or fabricating allegations out of anger, jealousy or other motives.
• Mistaken identity – You are wrongly accused and someone else actually committed the abuse.
• Lack of intent – The physical harm was accidental and there was no intent to harm the other person.

An experienced criminal defense attorney can evaluate the evidence and determine if any defenses apply in your case.

Finding the Right Lawyer for Your Case

Domestic violence charges should always be taken seriously. A conviction can result in jail time, fines, loss of rights and lasting personal consequences.

The best way to protect yourself is hiring an experienced Indianapolis domestic violence attorney who can carefully examine your case and build the strongest defense. Look for a lawyer who is[4]:

• Well-versed in Indiana domestic violence laws
• Skilled at negotiating with prosecutors
• Ready to take your case to trial if needed
• Compassionate and supportive during this difficult time

A knowledgeable lawyer can advise you on the criminal process, work to get charges reduced or dismissed, and help mitigate penalties. This provides the best chance at preserving your freedom, rights and future.

Don’t go through this alone. Schedule a free consultation with an Indianapolis domestic violence lawyer to discuss your case and legal options. With an attorney on your side, you can overcome these challenges and move forward with your life. There are defenses available and hope for a positive resolution – especially with the right legal representation.