Hatfield Law Office
Domestic battery is the unwanted touching of a family member. If you are facing domestic violence charges, it is important that you contact an experienced domestic violence attorney as soon as possible. Domestic violence charges can have serious penalties and life altering consequences. At Hatfield Law, we have the legal experience to take on your case and clear your name.
Save as PDFWe encourage you to contact us today for a free case evaluation by calling 812-422-0222
Benefits of Hiring Hatfield Law for Domestic Battery Cases
Hatfield Law has successfully secured case dismissals, charge reductions, and alternative sentences to avoid jail. We negotiate to our clients satisfaction, or demand your day in court.
For most of our clients, a criminal charge is a life-altering disruption to their daily life. After meeting with us during the initial consultation, our clients often report finding peace of mind. Criminal defense is about more than “the system”, law, or best/worst-case outcomes. It is about you. It is about getting you back to the life that you had before the arrest.
Save as PDFAbout Domestic Violence Cases
IC 35-42-2-1.—Domestic Battery
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:
- (5) The offense results in moderate bodily injury to a family or household member.
- (6) 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.
- (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.
- (7) 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 ).
Depending on the circumstances of the case, domestic battery cases can result in up to thirty (30) years in prison.
Save as PDFWhy Should You Work with Hatfield Law for Domestic Violence Cases?
Our domestic violence attorneys at Hatfield Law understand that all domestic violence charges are not the same. You can count on us to approach your case with no judgment. We take time to understand the circumstances of your case and help you secure the best result.
If you want to schedule a free consultation with one of our domestic violence and domestic battery attorneys, feel free to contact us now. You can call Hatfield Law at 812-422-0222 or send an email to ryan@hatfieldlaw.com or david@hatfieldlaw.com.
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