A Fishers Domestic Battery Attorney Who Knows What Is at Stake
A call to police after an argument at home can lead to criminal charges within hours, even when the two people involved remember the night differently. Your job, your housing, and your time with your children can all be affected before anyone has heard your side of the story.
The Fishers domestic battery lawyers at The Criminal Defense Team are led by Andrew J. Baldwin, a Criminal Trial Specialist board-certified by the National Board of Trial Advocacy. He and our team have taken battery and violent crime cases to jury trials across Hamilton County and Indiana.
We can walk through what the charge against you actually says, what the officer’s report claims happened, and what your first 30 days in the system look like. Reach out to talk through what happened before you say anything else to a prosecutor.
| BOARD-CERTIFIED CRIMINAL TRIAL SPECIALIST (NATIONAL BOARD OF TRIAL ADVOCACY) SINCE 2008 | FRANKLIN, INDIANAPOLIS & NOBLESVILLE OFFICES | PRACTICING CRIMINAL DEFENSE SINCE THE 1990S |
|---|
Domestic Battery Charges We Defend Against in Hamilton County
Domestic battery covers more ground than most people expect, and the exact wording of your charge changes what a defense looks like. Our domestic battery attorney in Fishers handles cases such as:
- First-time domestic battery charges filed as a Class A misdemeanor
- Felony domestic battery tied to a prior battery or strangulation conviction
- Domestic battery allegedly committed in front of a child under 16
- Domestic battery cases involving a claimed injury during a household dispute
- Invasion of privacy charges for contact with an alleged victim after a no-contact order
- Cases where mutual combat or self-defense may explain what actually happened
Each of these can start the same way, with a 911 call and an arrest, but the penalties and the best defense strategy shift depending on which specific allegation you are facing.
What an Indiana Domestic Battery Conviction Can Cost You
Domestic battery starts as a Class A misdemeanor in Indiana, and that label alone does not capture what a conviction can mean for your life. A Class A misdemeanor can mean up to one year in jail and a fine of up to $5,000. A conviction can also show up on background checks for jobs, housing, and professional licenses for years afterward.
Under Indiana Code § 35-42-2-1.3, the charge becomes a Level 6 felony if:
- You have a previous, unrelated conviction for battery or strangulation
- You are 18 or older, you knew a child under 16 was there, and the child might have seen or heard it
- The alleged injury is moderate, which means it causes substantial pain
Some cases can be charged as an even higher felony, such as a Level 5. This can happen if the alleged injury is serious, a deadly weapon is involved, a pregnant person is hurt, or there is a prior conviction against the same person.
In Indiana, a judge generally cannot enter a felony domestic battery conviction as a misdemeanor at sentencing, and any later relief is very limited.
What happens before trial can matter just as much. Under Indiana Code § 35-33-8-3.6, applies when a person is charged with a violent crime that caused bodily injury. If that person is released on bail without a bail hearing in open court, the judge must order no contact with the alleged victim. That order lasts for 10 days after release or until the initial hearing, whichever comes first. At the initial hearing, the judge may keep the order in place or change it.
How a Fishers Domestic Battery Lawyer Guides You Through Hamilton County Court
Navigating a criminal charge in Hamilton County requires a clear strategy from the day of arrest through case resolution.Fishers City Court only handles ordinance violations and traffic infractions. All criminal domestic battery charges are filed in the Hamilton Circuit or Superior Court located in Noblesville.
Our legal team takes proactive steps to protect your rights at every phase of the court process, including:
- Representation at Initial Hearings: We appear alongside you at your initial hearing to ensure you understand the formal charges, advise you on pleading, and and help you avoid statements that could harm your case.
- Contesting Bail and Release Conditions: We advocate for reasonable bail amounts or release on your own recognizance (a promise to return to court instead of paying bail), presenting arguments regarding your community ties and lack of flight risk to avoid unnecessary pretrial detention.
- Filing Motions to Modify No-Contact Orders: When a no-contact order disrupts your living situation or parental rights, we file formal motions and present evidence to modify the order so you can return home or maintain contact with your children when appropriate.
- Conducting Independent Investigations: Our attorneys gather police reports, examine 911 audio recordings, interview witnesses, and preserve critical evidence to challenge the prosecution’s narrative early on.
- Pretrial Negotiations and Trial Defense: We engage with Hamilton County prosecutors to negotiate for reduced charges or dismissals where supported by evidence, while fully preparing to defend you at a jury trial if necessary.
Frequently Asked Questions
Can the alleged victim drop a domestic battery charge in Indiana?
Not on their own. Once the prosecutor’s office files a domestic battery charge, the prosecutor decides whether to dismiss it. A judge can also dismiss a charge, but only for limited legal reasons and after the defense files a motion. An alleged victim can ask the prosecutor not to move forward, and that can influence the decision, but it does not automatically end the case.
How much does a domestic battery lawyer in Fishers cost?
Cost depends on whether the charge is a misdemeanor or a felony, how much evidence needs review, and whether the case is likely to go to trial. Contact us to go over your specific charge and what defending it would involve.
Will a domestic battery conviction show up on a background check?
Usually. Both misdemeanor and felony domestic battery convictions are public record in Indiana and typically appear on standard background checks used by employers, landlords, and licensing boards, sometimes for years after the case closes.
What happens if I’m accused of violating a no-contact order?
Contact with an alleged victim while a no-contact order is active can lead to a separate invasion of privacy charge. That charge starts as a Class A misdemeanor. It can become a Level 6 felony with a prior unrelated conviction for invasion of privacy or stalking. A violation can also affect your bond in the original domestic battery case.
Does a domestic battery charge affect gun rights in Indiana?
A conviction can. Even at the misdemeanor level, a domestic battery conviction generally bars you from owning or having a gun under both federal and Indiana law. Getting your gun rights back later generally requires a separate request to the court, which can be filed no sooner than five years after the conviction.
Call a Fishers Domestic Battery Lawyer at The Criminal Defense Team
Bail conditions, a no-contact order, and your first court date can all move faster than most people expect once a domestic battery charge is filed in Hamilton County. The sooner Andrew J. Baldwin and the team at The Criminal Defense Team can review the allegation against you, the more options stay open for how the case gets resolved.
Contact us today to talk through what happened and what comes next.