What Is Domestic Battery in Indiana?

What is domestic battery in Indiana? Indiana law makes it a crime to knowingly or intentionally touch another person in a rude, angry, or insolent manner if that person is a family or household member. While domestic battery is a misdemeanor as a basic offense, domestic battery charges can result in felony convictions with years in prison when certain circumstances are involved.

Why Choose The Criminal Defense Team?

The Criminal Defense Team of Baldwin Perry & Wiley P.C. represents clients throughout the state. Our law firm provides over 100 years of combined experience and features a 24/7 lawyer on-call rotation.

Accepted cases are staffed by at least two attorneys and a paralegal who review evidence and collaborate on strategy. This team approach means we don’t assign whole cases to one attorney. Five of the only six Board-Certified* Criminal Trial Specialists in Indiana practice at The Criminal Defense Team, alongside the rest of our attorneys.

When your freedom and future are on the line, choosing an Indiana domestic battery attorney who is experienced in criminal trials can be similar to seeking a specialist when you have a serious medical condition.

Understanding Domestic Battery in Indiana

Indiana’s 2024 Domestic Violence Fatalities Report states that 61 incidents resulted in 83 domestic violence fatalities in 2024. Of these incidents, 61 fatalities involved guns.

Indiana Code § 35-42-2-1.3 details Indiana’s main domestic battery law. Unlike the state’s battery statute, the basic offense does not require prosecutors to prove the alleged victim suffered a visible injury. For example, the prohibited touching itself can support the charge so long as the prosecution proves it was knowing or intentional and done in a rude, angry, or insolent manner.

Relationships between the people involved matter too.  Only qualifying family or household members can be subject to domestic battery. Depending on the circumstances, domestic battery can apply to: 

• Spouses
• Former spouses
• Dating partners
• Former dating partners
• People who have a child in common
• Certain relatives and household members

Current Penalties for Domestic Battery

Domestic battery can be charged anywhere from a Class A misdemeanor up to a Level 2 felony. Prior convictions, whether anyone suffered injuries, use of a deadly weapon, and more can impact penalty severity. Domestic battery against a person under age 14, an endangered adult, or while violating a protective or no-contact order also increases potential penalties.

Felony domestic battery charges can arise when the offense results in serious bodily injury to certain people or the victim’s death. Common penalties for domestic battery include:

• Class A misdemeanor: Up to one year in jail and a fine of up to $5,000.
• Level 6 felony: Six months to 2½ years in prison and up to $10,000 in fines.
• Level 5 felony: One to six years in prison and up to $10,000 in fines.
• Level 4 felony: Two to 12 years in prison and up to $10,000 in fines.
• Level 3 felony: Three to 16 years in prison and up to $10,000 in fines.
• Level 2 felony: Ten to 30 years in prison and up to $10,000 in fines.

How the offense is categorized is based on the circumstances surrounding the incident. For instance, a battery that resulted in death is likely to be categorized as a Level 2 felony, and one that resulted in no injuries may only be a misdemeanor if no other factors were involved.

Hire a Domestic Battery Lawyer

Should you need to hire a domestic battery lawyer, we recommend that you seek legal counsel prior to speaking with police or prosecutors about the details of your case or accepting a plea deal. Your lawyer can read you the charging document and discuss potential defenses. We can file motions to suppress and prepare your case for trial should it proceed to court.

Being accused of domestic battery can result in criminal penalties as well as ramifications that affect your family, job, and reputation. At The Criminal Defense Team, we can thoroughly review the evidence that may impact your domestic battery case. We can help you understand domestic battery laws and how they apply to your situation.

FAQs

Can Domestic Battery Charges Be Dropped in Indiana?

Yes, domestic battery charges can be dropped in Indiana.  However, the alleged victim typically does not have the power to drop a criminal charge. After criminal charges are filed, the decision to pursue or dismiss the charges usually rests with the prosecutor. Depending on the facts of the case, the prosecutor may dismiss charges before or during trial because of problems with the prosecution’s ability to prove its case beyond a reasonable doubt.

What Is the Bond Amount for Domestic Battery in Indiana?

The bond amount for domestic battery charges can vary greatly in Indiana. The bond is based on factors like the level of the charged offense, your criminal history, details about what allegedly happened, and sometimes even local court rules. Indiana law also generally prohibits people from posting bail to be released from jail until at least 24 hours after being arrested on a domestic battery charge involving a family or household member.

Is Domestic Battery a Level 6 Felony in Indiana?

Domestic battery can be charged as a Level 6 felony in Indiana, but the basic offense is generally charged as a Class A misdemeanor. Domestic battery can be elevated to a Level 6 felony if certain other circumstances existed when the crime was allegedly committed, such as if you have qualifying prior convictions, caused moderate bodily injury, or committed the offense in the presence of a child under certain circumstances.

What Is the Maximum Jail Time for Domestic Violence in Indiana?

The maximum jail sentence for domestic violence depends on the type of domestic violence crime committed and what felony level the crime is charged as. Basic domestic battery is generally charged as a Class A misdemeanor in Indiana. This crime is punishable by up to one year in jail. However, if the elements of aggravated domestic battery are met, the offense can elevate to a Level 2 felony, which is punishable by up to 30 years in prison.

Contact The Criminal Defense Team for Your Case

At The Criminal Defense Team, we can assist you in your case. We have five of the six board-certified specialists in the state of Indiana as part of our team. We bring this experience to your case to advocate for your future. Contact us today to get started on your case.

*Andrew Baldwin, Kathie Perry, Maxwell Wiley, Kelly Pyle, and Michael C. Cunningham are Board-Certified* Criminal Trial Specialists, as certified by the National Board of Trial Advocacy. Find out why having a Board-Certified* Criminal Trial Specialist as your defense lawyer is important here.