DOMESTIC BATTERY in Indiana Code had a SIGNIFICANT REWRITE in 2016 (Indiana Code 35-42-1-1.3)
The Language of “spouse or living as if spouse’ was removed from the Statute – and the new statute became much broader.
The stated purpose of this change in the statutory breadth was to make clear that this Statute does indeed apply to any
‘ Offense involving a family or Household Member ‘
The rewrite of the Code also criminalizes placing bodily waste on a family or household member in a rude, insolent or angry manner
‘ As a form of Domestic Battery ‘.
TO BE CHARGED WITH, LET ALONE CONVICTED OF DOMESTIC BATTERY :
Can Have LIFELONG CONSEQUENCES. It can, needless to say, disrupt your entire life, particularly if convicted. It can effect your entire family relationship. It can prevent you from owning any form of weapon, hunting or otherwise, for years to come.
THE PENALTIES CAN BE STAGGERING:
Class A Misdemeanor Conviction – Carries up to One Year in Prison, and if granted probation some form of Domestic Abuse Counseling
and/or Domestic Abuse Intervention Program is very often ordered by the Court.
Level 6 Felony: When there has been a previous unrelated conviction, or if in the presence of a minor under 16 years old, and other factors.
Carries up to 2 and 1/2 years incarceration, and up to a $10,000.00 fine.
Level 5 Felony: If serious bodily injury is involved, or committed with Deadly Weapon, or injury to a pregnant family member, or if you have a Prior
Conviction on the same family member or household victim. Carries up to 4 and 1/2 years incarceration.
The Domestic Battery Offense go up to Level, 4, Level 3, Level 2 as well depending upon the injury and the family member involved.
WE HAVE REPRESENTED FOLKS FOR OVER 25 YEARS
FACING THESE KIND OF POSSIBLE PENALTIES.
DUE TO THE NATURE OF THESE OFFENSES –
IT IS NOT UNCOMMON FOR PROSECUTORS TO ‘OVERCHANGE’ THE LEVEL OF OFFENSE.
YOU SHOULD NOT TRY TO DEAL WITH THESE SERIOUS CONSEQUENCES ON YOUR OWN.