Indianapolis Domestic Violence Attorneys
Protect Your Rights & Reputation Now
Domestic violence is one of the more common violent crime charges filed in Indiana, but it is also one of the most devastating. The moment someone accuses you of domestic violence or domestic battery, actions will be taken against you. The court will likely lodge an order of protection against you until the end of the proceedings, which might be a while.
The Criminal Defense Team in Indianapolis is here to stand up for you and defend you against domestic violence accusations. We know how to negotiate with prosecutors to lift restrictive and justified orders of protection before the case concludes, so you can get your freedom back sooner than later. Throughout the years, we have successfully defended men and women from felony and misdemeanor domestic violence charges, often before a trial was necessary. With our experience and tenacity, you don’t need to look toward any other law firm for a powerful defense.
On This Page
- Domestic Violence Offenses
- What to Do If You Are Arrested
- Defense Options
- Trust Our Board-Certified Defense Lawyers
- Take Action to Defend Yourself Today
- Frequently Asked Questions
- Are domestic violence charges a misdemeanor or felony?
- What defenses can I use if charged with domestic violence?
- How is a domestic relationship defined in Indiana?
- Can the charges be dropped or dismissed in a domestic violence case?
Don’t wait another day. Call (317) 565-2221 now to speak with our Indianapolis domestic violence lawyers today!
Our Indianapolis domestic violence defense lawyers can outmaneuver the prosecution at every step. We have worked on many different domestic violence cases, so we can anticipate the opposition’s next move. Our experience also means that you can trust us to fight any domestic violence charge.
Domestic violence can include a variety of different offenses, such as:
- Aggravated battery
- Criminal confinement
- Criminal stalking
- Criminal trespassing
- Domestic battery
- Invasion of privacy or property
- Neglect and abuse
- Violation of a protective order
A domestic violence conviction can devastate your freedom, personal life, and professional life, more so than most other convictions. Indiana has specific laws and penalties in place to address domestic violence. Domestic violence is a serious crime in the state, and penalties can vary depending on the specific circumstances of the case, the severity of the offense, and the defendant's prior criminal history. If you want to preserve your rights, freedom, finances, and reputation, then you have to fight to avoid a conviction.
Causing bodily injury to a family or household member is typically classified as a Class A misdemeanor. This can result in penalties such as up to one year in jail and fines of up to $5,000.
Domestic Battery with Prior Conviction:
If the defendant has a prior domestic battery conviction, the offense can be elevated to a Level 6 felony. Penalties may include a prison sentence of up to 2.5 years and fines.
If the domestic violence incident involves more severe injuries or other aggravating factors, it may be charged as aggravated battery, which can range from a Level 3 felony to a Level 5 felony. Penalties can include significant prison time and substantial fines.
Strangulation is treated seriously in Indiana and can be charged as a Level 6 felony. If the act results in serious bodily injury, it can be charged as a Level 5 felony. Penalties can include prison time and fines.
The court may issue protective orders or no-contact orders to protect the victim from further harm. Violating these orders can result in additional criminal charges.
Indiana has sentencing enhancements for individuals with prior domestic violence convictions. These enhancements can lead to more severe penalties for repeat offenders.
Are you worried that your spouse or another household member might accuse you of domestic violence soon? For example, did you recently get into a loud verbal argument that you think they might misconstrue into an act of violence? They might be planning on accusing you of domestic violence, which means you should already plan how you will react if you are accused and arrested for it.
If you are arrested for domestic violence, you should:
- Remain calm during the arrest and comply with their instructions. Ask for a clear reason why you are being arrested and what rights you have as someone who is being placed under arrest. Otherwise, you don’t have to say much.
- Don’t try to use this time to convince the officer that you are innocent. It’s not their job to decide if you’re innocent or guilty. Talking too much might risk you saying the wrong thing.
- Use your right to remain silent once you have shared identifying information about yourself. You don’t have to answer any questions you don’t want to answer without a lawyer present once you invoke this right.
- Hire a domestic violence defense attorney from The Criminal Defense Team. The sooner we can jump to your defense, the better.
- Write down whatever notes that you can about the arrest and the moments leading up to it. You could create the strongest evidence to use in your favor later just by taking good notes.
Defending against domestic violence charges can be complex, but there are several defense options and strategies that may be applicable, depending on the facts of the case.
- Self-Defense: You may argue that you acted in self-defense to protect yourself or others from harm. To successfully use this defense, you must demonstrate that your actions were reasonable and necessary in response to a threat.
- Lack of Evidence: Your attorney can challenge the prosecution's evidence, including witness testimony, physical evidence, or the credibility of the alleged victim. If there is insufficient evidence to prove the charges beyond a reasonable doubt, the case may be dismissed or result in an acquittal.
- False Accusations: If you believe you have been falsely accused, your attorney can help you gather evidence to support your innocence. This may include alibi witnesses, surveillance footage, or text messages that contradict the accuser's claims.
- Consent: If the alleged victim consented to the actions that led to the charges, you may be able to argue that there was no criminal intent or wrongdoing.
- Establishing an Alibi: If you can prove that you were not present at the location or time of the alleged incident, this can be a strong defense.
- Mental Health or Incapacity: If you have a mental health condition or were under the influence of drugs or alcohol at the time of the incident, your attorney may argue that you lacked the capacity to form criminal intent.
- No Intention to Cause Harm: Demonstrating that your actions were not intended to cause harm or that the harm was accidental can be a viable defense strategy.
- Plea Bargain: In some cases, it may be advisable to negotiate a plea bargain with the prosecution. This could involve reduced charges or sentencing in exchange for a guilty plea.
- Pretrial Diversion or Counseling: Indiana may offer pretrial diversion programs or counseling for individuals charged with domestic violence. Completing such programs could lead to a reduction in charges or penalties.
- Constitutional Violations: Your attorney can review the circumstances of your arrest and the evidence gathering process to determine if there were any violations of your constitutional rights, such as an illegal search and seizure.
Indiana has three Board-Certified Criminal Law Specialists. Five of them are here at The Criminal Defense Team in Indianapolis.
To become a Board-Certified Criminal Law Specialist, a criminal defense attorney must pass a notoriously rigorous exam to prove their full understanding of criminal law and related procedures. Most attorneys will never even attempt this difficult exam. Many who do attempt it will not pass.
You can rest easy knowing that Board-Certified Criminal Law Specialists are on your side and defending your rights in a domestic violence case. Specialization is more than just a badge, it is proof that we can handle the most difficult cases and stand up to the strongest prosecutions.
Do not wait another day to start defending yourself against a domestic violence accusation or charge. Your entire future can be disrupted if you are convicted. Serious reputation damage can happen just from the accusation if you leave it unchallenged.
Act right now to defend yourself. Get The Criminal Defense Team and our Indianapolis domestic violence lawyers on your side today.
“We would recommend the Criminal Defense Team to anyone.” - Vicki
“This is Mr. Andrew Baldwin’s specialty and he knows his stuff!” - Donita
“I feel they genuinely care about others and work together quite well as a team.” - Brandon