Indianapolis Domestic Violence Lawyer
Domestic violence charges are common in Indiana, and the consequences severe if you are convicted. At minimum, you face up to a year in jail for a domestic battery conviction and a fine up to $5,000. Additionally, you will be saddled with a permanent criminal record.
There’s no time to delay. You need immediate legal advice because the prosecutor will dedicate ample time and resources to convict on domestic violence cases. Contact the proven Indianapolis domestic violence lawyers at Gemma & Karimi, LLP, for immediate legal assistance at (317) 602-5970. Our attorneys have 25 years of distinguished experience and are available 24/7 for consultations.
Understanding Domestic Battery
Domestic violence is referred to as domestic battery under Indiana Code 35-42-2-1.3. This statute states that domestic violence involves a person knowingly or intentionally touching a household member or family member in a rude, insolent, or angry way. It is also in a rude, insolent, or angry manner, placing any bodily waste or fluid on a household or family member. It is also causing any physical injury to a family or household member.
This serious domestic violence crime involves a family or household member, such as spouses, former spouses, dating partners, former dating partners, people who have had children together, or those related by blood or adoption who reside together or have resided together.
Facing Domestic Violence charges in Indianapolis?
Call our Indiana Domestic Violence lawyer at (317) 602-5970 or fill out our online contact form today to schedule a free consultation!
Domestic Violence Offenses in Indiana
A domestic violence or battery offense in Indiana can include a variety of violent or aggressive offenses, such as:
- Criminal confinement
- Harassment
- Criminal stalking
- Criminal trespassing
- Invasion of privacy
- Kidnapping
- Neglect and abuse
- Violation of a protection order.
These serious criminal offenses can lead to separate criminal penalties upon conviction. Domestic violence crimes can be charged as felonies or misdemeanors, depending on the severity of the offense, as well as any aggravating or mitigating factors. However, strong defenses are available, such as self defense and lack of intent.
Penalties for Domestic Battery
The penalties for domestic violence in Indiana depend on the offense circumstances, including the severity of the crime, status of the victim, and criminal history. Potential penalties for this crime are as follows:
Misdemeanor Domestic Battery
- Class A misdemeanor: Domestic violence is charged as a misdemeanor if there are no aggravating factors. Penalty is up to a year in jail and a maximum $5,000 fine. Examples: Slapping, shoving, or other aggressive touching that doesn’t cause major injury.
Felony Domestic Battery
- Level 6 felony: If you have a prior conviction for battery or strangulation; the offense happened in the presence of a minor; caused moderate bodily injury; the victim was under 14 or has a mental or physical disability. Penalty is six months to 2.5 years in prison, and a maximum fine of $10,000.
- Level 5 felony: If you have a previous battery conviction against the same person. Or, the crime caused a bodily injury to a person who is under 14, has a mental or physical disability, or is an endangered adult. Penalty is one to six years in prison, and a fine up to $10,000.
- Level 4 felony: Applies if the crime caused a serious bodily injury, disfigurement, or long-term impairment to an endangered person. Penalty is two to 12 years in prison and a fine up to $10,000.
- Level 3 felony: If the offense caused a serious injury to someone under 14. Penalty is three to 16 years in prison and a $10,000 fine.
- Level 2 felony: If the battery causes death to someone under 14 or an endangered adult. Penalty is 10 to 30 years in prison and a fine of $10,000.
Additional Domestic Battery Consequences
- Intervention programs: The court may order the defendant to complete a batterer’s intervention program.
- A conviction may lead to a loss of gun rights, difficulty finding a job or housing, and social stigma.
- The victim may ask for a civil protective order. Violation of such an order can lead to additional charges for invasion of privacy, etc.
Defending Against Domestic Battery Charges
Defending against an Indianapolis domestic violence charge is complex, but experienced domestic violence attorneys excel in this work. Your Indianapolis domestic violence attorney may employ one or more of these strategies:
- Self-defense: Defending yourself from another person is the most common defense to a domestic battery charge. You could be justified in your actions if you acted to protect yourself or another person from harm. Indiana is a Stand Your Ground state, meaning you aren’t required to retreat if threatened with harm. A self-defense defense in a domestic violence case can be corroborated with eyewitness statements, your medical report with injuries, or previous threats from the alleged victim.
- No intent: A domestic violence conviction requires proving intent. If your contact was accidental, you can argue you did not have intent. For instance, if you accidentally bumped someone in an argument, there was no intent to cause harm.
- False accusation: A domestic violence allegation could stem from revenge, misunderstandings, or custody and divorce disputes. You may support this defense by providing text messages, phone recordings, videos, or inconsistent statements from the alleged victim.
- Lack of evidence: The prosecutor must prove beyond a reasonable doubt that you engaged in domestic violence. If there is no physical evidence or witnesses, a domestic violence conviction is difficult.
- Consent: Occasionally, if the contact happened because of consensual activity, such as wrestling, this is a possible defense.
Immediately contact the Indianapolis domestic violence attorney at Gemma & Karimi, LLP, to begin building a robust defense to your domestic violence charges. You should not speak to the police without having your domestic violence attorneys present. Keep in mind that a no-contact order could be issued, which prohibits you from contacting the alleged victim.
Frequently Asked Questions
Being charged with domestic battery is alarming and a serious matter. You probably have many questions, so we provide the most common questions and answers below. Speak to our criminal defense attorneys immediately for additional information.
Under Indiana Code 35-42-2-1.3, domestic battery occurs when a person knowingly or intentionally touches a family or household member in a rude, insolent, or angry manner. This charge does not necessarily require a physical injury; the act of unwanted, aggressive touching alone can lead to an arrest.
Domestic battery is typically charged as a Class A misdemeanor if there are no prior convictions or aggravating factors. It becomes a felony (Level 6 up to Level 2) if specific circumstances exist, such as a prior conviction, the presence of a child under 16, causing moderate to serious bodily injury, or if the victim is pregnant or has a disability.
A first-time offense without aggravating factors is usually a Class A Misdemeanor. Penalties can include up to one year in jail and a fine of up to $5,000. Even for a first offense, judges may also mandate probation and completion of a batterer’s intervention program.
No, the alleged victim cannot drop the charges once they are filed. In Indiana, the State charges the defendant, not the victim. While a victim’s lack of cooperation can influence the prosecutor’s decision, the prosecutor has the final authority on whether to pursue or dismiss the case.
Common defense strategies include arguing self-defense, demonstrating a lack of intent (accidental touching), or proving false accusations arising from custody battles or revenge. An experienced lawyer can also challenge the sufficiency of the evidence presented by the prosecution.
Exercise your right to remain silent and do not speak to the police without an attorney present. Contact a domestic battery lawyer immediately. Do not attempt to contact the accuser, as this can violate standard no-contact orders and lead to further charges.
No. You can be charged and convicted of domestic battery even if the victim has no visible injuries. The law only requires proof of touching in a “rude, insolent, or angry” manner. Physical pain or visible marks are not strict requirements for a misdemeanor charge.
The process typically begins with an initial hearing where charges are read and pleas are entered. This is followed by a discovery phase where evidence is exchanged, pre-trial conferences to negotiate potential plea deals, and finally, a bench or jury trial if no agreement is reached.
This legal definition is broad and includes current or former spouses, people who are dating or have dated, individuals who have a child together, and people who are related by blood or adoption and have lived together. You do not need to be currently living together to be charged.
Yes. Under federal law (the Lautenberg Amendment), anyone convicted of a misdemeanor crime of domestic violence is prohibited from owning, possessing, or transporting firearms. This ban is a lifetime prohibition unless the conviction is expunged or set aside.
You have the right to an attorney, the right to remain silent, and the presumption of innocence until proven guilty. You also have the right to confront witnesses against you and to compel witnesses to testify on your behalf during a trial.
Yes. Indiana courts consider domestic violence convictions heavily when determining child custody and parenting time. A conviction can lead to the loss of legal custody or a requirement that all visitation with your children be supervised.
A No Contact Order is frequently issued at the initial hearing. It strictly prohibits you from contacting the alleged victim in any way—in person, by phone, text, or social media. Violating this order is a separate crime (Invasion of Privacy) that carries its own jail time.
Yes, but specific waiting periods apply. If you were arrested but not convicted, you may be able to expunge the arrest record after one year. If convicted, you generally must wait five years for a misdemeanor and eight years for a felony, provided you have no new convictions.
Domestic battery cases are complex and carry life-altering collateral consequences, such as job loss and a permanent criminal record. An experienced local attorney like those at Gemma & Karimi can navigate local court procedures, negotiate with prosecutors, and build a defense to protect your freedom and reputation.
Contact Our Indiana Domestic Violence Attorneys
Were you charged with domestic violence in Indiana recently? This is a scary, uncertain time. A domestic violence conviction could lead to jail time, fines, and a permanent criminal record that imperils your future. But there’s hope.
Our seasoned Indianapolis domestic violence lawyers at Gemma & Karimi, LLP, have successfully defended men and women from misdemeanor and felony domestic violence charges. We possess a strong track record of defending people like you from domestic battery charges. Our domestic violence attorneys understand the complexities of domestic violence laws and can assist you with navigating the criminal justice system. Contact our Indianapolis domestic violence defense attorney now at (317) 602-5970 for a legal consultation.
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