Published in Criminal Law by Chris Eskew on May 25, 2022.
Given the startling rate of domestic violence in Indiana, police, and prosecutors take domestic violence offenses very seriously. With a skilled defense attorney by your side, a first-time offense, while still serious, may not necessarily result in a period of incarceration. However, if you are charged with a domestic violence 2nd offense, you face a Class 6 Felony.
Thus, it is imperative that anyone facing a domestic violence second offense reach out to the dedicated defense lawyers at Eskew Law. At Eskew Law, we have extensive experience aggressively representing clients facing serious domestic violence charges. We command an impressive knowledge of Indiana domestic violence laws, and we put this knowledge to use to develop a unique and effective defense strategy for every case. Contact us today.
How Do Indiana Domestic Violence Laws Work?
Indiana has a specific domestic violence law that covers most crimes commonly referred to as domestic violence offenses. These offenses are called domestic battery in Indiana. In general, domestic battery occurs when someone knowingly and intentionally:
- Touches a family or household member in a rude, insolent, or angry manner; or
- In a rude, angry, or insolent manner places any bodily fluid or waste on a family or household member.
A basic first-time domestic violence charge is a Class A misdemeanor, provided there were no aggravating factors. However, the Indiana domestic violence law provides a long list of situations that, when present, increase the seriousness of the offense.
Under Indiana Code 35-42-2-1.3, if you have a “prior, unrelated conviction for a battery offense or a strangulation offense,” the government will charge you with a Class 6 felony. This increases your potential exposure from up to 12 months in county jail and a fine of up to $5,000 to 6 – 30 months in prison and a fine of up to $10,000.
However, if the current charge involves the same alleged victim as a prior conviction, then the charge becomes a Class 5 felony. Class 5 felonies are punishable by 12 – 72 months in prison and a fine of up to $10,000.
A domestic violence offense may be even more serious if any of the other situations under § 35-42-2-1.3 apply. For example, below are a few ways in which the government may pursue enhanced charges:
- The offense involved the use of a deadly weapon;
- A family or household member suffered serious bodily injury;
- The victim was 14 years old or younger, and the offense was committed by someone 18 or older; or
- An endangered adult is the alleged victim.
Regardless of the facts surrounding your arrest, it is imperative that you have an experienced criminal defense attorney by your side.
Reach Out to the Indiana Domestic Violence 2nd Offense Lawyers at Eskew Law
If police recently arrested you for a second domestic violence offense, contact the aggressive criminal defense attorneys at Eskew Law. We pride ourselves in providing each of our clients with custom-tailored representation designed to obtain the best result possible for their circumstances. We are also available whenever you need to talk to us about your case. Contact us to learn more and schedule a free consultation with one of our Indiana defense attorneys.
