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Domestic Battery Is a Serious Charge. Our Firm Can Work to Help You Avoid Serious Penalties.

Domestic Battery Charges in Indianapolis

Defense from an Indianapolis Violent Crime Attorney

When domestic battery allegations are made, it is easy for a person to get automatically labeled as an abusive spouse or an abusive girlfriend or boyfriend. However, there are two sides to every story and no determinations of guilt should be made until the defendant has been given the chance to properly defend himself of herself in court.

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If you have been arrested for a violent crime involving your family, or if you are currently facing domestic violence charges, do not wait another moment to get the help you need. With the stakes being so high, you cannot afford to wait any longer. Prosecutors and police officers will be creating a case against you – and they will be pushing for the highest penalties under the law.

With Keffer Barnhart LLP on your side, our Indianapolis domestic violence lawyers will create an aggressive, effective, and persuasive defense strategy. We work tirelessly and persistently to help reduce, dismiss, or acquit the charges made against you. Act today by calling our legal team now.

What will you receive as our client?

  • No-cost, initial case consultations
  • Years of combined trial experience
  • Proven record of results
  • Effective defense strategies
  • Knowledgeable legal counsel
  • Advocacy from former Deputy Prosecutors

What is domestic battery?

Under Indiana's legal code (IC §35-42-2-1.3), domestic battery is a battery offense that is committed against a person who:

  1. Is or was the offender's spouse
  2. A person the offender was living with as if the two individuals were spouses
  3. A person with whom the offender shares a child

The domestic battery offense is described as intentionally or knowingly touching the other individual (who meets the criteria above) in a "rude, insolent, or angry manner"—particularly when such touching causes that other person bodily injury.

When determining whether two individuals lived together as if they were spouses, the following factors are considered:

  • How long the relationship lasted
  • The frequency of contact between the individuals
  • How financially interdependent the individuals were
  • Whether the individuals were raising a child or children together
  • Whether the individuals carried out actions for the purpose of maintaining a common household

Domestic Battery Penalties in Indiana

The violent crime of domestic battery is prosecuted as a Class A misdemeanor. The offense can, however, be raised to a Class D felony (or a Level 6 felony starting on July 1, 2014) when it is shown that the defendant has a previous domestic battery conviction or a conviction for a similar offense.

The defendant can also be charged with a Class D or Level 6 felony when the domestic battery offense occurred in the presence of a child under the age of 16.

Here are the penalties for the different offense levels:

  • Class A Misdemeanor—Up to1 year of imprisonment; fine of up to $5,000
  • Class D Felony (before July 1, 2014)—6 months to 3 years of imprisonment (advisory sentence of 1 ½ years); fine of up to $10,000
  • Level 6 Felony (July 1, 2014 or later)—6 months to 2 ½ years of imprisonment (advisory sentence of 1 ½ years); fine of up to $10,000

Call Now for an Aggressive Defense Against Your Charges

Have you been charged with domestic battery in Indianapolis or in the surrounding area? If so, our Indianapolis criminal defense lawyers at Keffer Barnhart LLP can provide the tough legal representation you need. We can help you determine the best approach for challenging your domestic battery charges and defending your rights!

Whatever your situation is, we encourage you to contact our firm so that we can help you fight for a positive resolution to your case!

Our Accomplishments

  • Former Deputy Prosecutors

  • Former Fatal Alcohol Crash Team

  • LawInfo Lead Counsel Rated

  • Two-time Indianapolis Bar Association Director's Award Recipient

  • Top 40 Under 40 according to the National Trial Lawyers Association

  • Superior Driving Under the Influence (DUI) Attorney by the National Advocacy for DUI Defense

  • Former Marion County (Indianapolis) DUI Prosecution Unit