Facing a domestic violence accusation can feel overwhelming. Many people experience fear and shame when these charges come up, and the impact goes far beyond the courtroom, sometimes costing someone their job or close relationships.
If you’re in this situation, it helps to know exactly what the law means by domestic violence, what could happen if you’re convicted, and how a criminal defense lawyer could step in to defend your rights.
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What Is Domestic Violence in Indiana?
Indiana law protects people in any family or household relationship from abuse. This includes spouses, ex-spouses, individuals who live together or have lived together, those sharing a child, even if not married, or anyone related by blood or adoption.
Here’s what Indiana includes under domestic or family violence:
- Physical attacks or threats of attacks: Trying to physically harm someone you live with, directly causing injury, or threatening harm falls under this type of violence.
- Instilling fear: Making a family or household member fear they will be physically hurt is considered domestic violence, even if no one is actually injured
- Hurting pets as a means of intimidation or control: Some individuals use threats or harm to a pet or animal as a tool of control or intimidation. If someone abuses, tortures, or kills an animal just to scare a family or household member, Indiana law sees that act as domestic violence.
If you’re accused of any of these actions, it’s important to understand the possible penalties and how to defend yourself.
Domestic Violence Penalties in Indiana
Penalties for domestic violence in Indiana depend on the details of what happened and the defendant’s criminal history. Penalties may be less severe for first-time offenses, but they can become much tougher when aggravating circumstances are present. Here’s what you could be facing:
Class A Misdemeanor
Sometimes, domestic violence is charged as a Class A misdemeanor. This is one of the less severe domestic violence charges, but it’s still very serious. A conviction can result in up to 12 months in jail and fines of up to $5,000.
Level 5 or 6 Felony
Level 5 or Level 6 felonies are charged when circumstances are more serious, such as when there is a weapon involved or injury to the victim. Sentences range anywhere from 6 months to 6 years in prison, depending on the specific felony classification, and fines can go as high as $10,000.
Level 3 or 4 Felony
If the offense causes significant harm or if the person charged has a prior record, they may face a Level 3 or 4 felony. These felonies carry prison terms ranging from 2 to 16 years, in addition to fines of up to $10,000.
Level 2 Felony
This is reserved for some of the most serious accusations. A Level 2 felony carries a sentence of 10 to 30 years in prison, along with a maximum fine of $10,000.
If you’re dealing with domestic violence charges, the best way to avoid these serious penalties is to speak with a criminal defense lawyer right away.
Ways a Lawyer Can Defend You Against Domestic Violence Charges
Facing a domestic violence charge can feel overwhelming; your life, reputation, and relationships may be at stake. Here are some ways an attorney steps in to help:
Collecting Evidence
A good defense begins with understanding the full picture of what happened. Your lawyer will gather facts through police reports, witness statements, text conversations, emails, and photos. They may also look for videos, social media evidence, or medical records. Collecting this information can help challenge the details of the accusation and tell your side of the story.
Negotiating with Prosecutors
Lawyers often speak directly with prosecutors on your behalf. In some cases, they can persuade the prosecution to reduce the charges, offer counseling instead of jail time, or even dismiss the case if the evidence is weak. These negotiations are rarely simple, but having an attorney in your corner helps ensure your rights are considered throughout the process.
Building a Strong Defense
The right defense depends on your situation. Common defenses in domestic violence cases may include:
Self-Defense
Sometimes the accused person acted only to stop harm to themselves. If someone had reason to believe they were about to get hurt and used just enough force to protect themselves, they might claim self-defense. The lawyer argues the accused didn’t want a fight but simply reacted to protect themselves from injury.
False Allegations
Not every domestic violence accusation is true. People might be accused due to anger, relationship stress, breakups, or even to build a stronger case during a divorce or a child custody battle. In these cases, a lawyer demonstrates why someone might make up the story.
Lack of Evidence
Prosecutors must prove the accusations beyond a reasonable doubt. If there isn’t enough proof that anything violent happened or that the accused caused any harm, the defense can highlight those weak spots in court.
Accident
Not everything that results in harm is done on purpose. If the incident happened by mistake, a lawyer can argue that it was an accident.
Alibi
For an alibi defense, the accused must show they weren’t at the scene at the time the crime allegedly occurred. This means using witness testimony, digital evidence, or surveillance footage to prove they couldn’t have committed the offense because they were somewhere else.
Contact Our Indianapolis Domestic Defense Attorneys at Suhre & Associates DUI and Criminal Defense Lawyers for a Free Consultation
If you’re facing domestic violence charges, do not face them alone. Contact Suhre & Associates DUI and Criminal Defense Lawyers today at (317) 759-2599 to schedule a free consultation with an Indianapolis domestic violence defense lawyer.
