Skilled Domestic Battery Lawyer in Noblesville, IN
Being charged with domestic battery can bring consequences that begin even before a trial starts. Defendants can face restrictions on communication with certain family members or household individuals, changes to living arrangements, and conditions of pretrial release while charges are pending. A Noblesville domestic battery attorney can go over these immediate consequences with you and work towards possible defenses.
Responsive Defense in Your Domestic Battery Case
Just as domestic battery charges can affect your day-to-day life, they can move through the legal system quickly after arrest. That is why The Criminal Defense Team of Baldwin Perry & Wiley P.C. has lawyer-on-call rotations available 24 hours a day to promptly respond to new cases. Unlike many other law offices, we assign at least two attorneys and a paralegal to every case, allowing us the ability to brainstorm defenses for your case.
Our law office is based in Indiana, and our lawyers have more than 100 years of combined experience. The Criminal Defense Team includes a former deputy prosecutor who spent many years prosecuting major felonies and homicide cases. Of the six Board-Certified* Criminal Trial Specialists in the state of Indiana, five practice law at The Criminal Defense Team.
Just like you may want to seek a medical specialist when facing a serious health issue, you can rest assured that our certified criminal trial specialists are going to provide experienced and knowledgeable representation when you need an attorney.
Understanding Domestic Battery Under Indiana Law
Indiana’s domestic battery law is found under Indiana Code § 35-42-2-1.3. Battery generally refers to knowingly or intentionally touching another person in a rude, angry, or insolent manner. Domestic battery specifically refers to the same behavior against certain family members and household individuals.
Indiana’s domestic battery statute covers spouses, former spouses, and people who are presently or have previously dated. In some situations, parents, children, and people who have a child in common may also qualify under the statute. Indiana’s 2024 Domestic Violence Fatalities Report states that 61 incidents resulted in 83 domestic violence fatalities in 2024. There were 61 firearms involved in these deaths.
First-Offense vs. Repeat-Offense Domestic Battery Penalties
Indiana Code § 35-50-3-2 states that a Class A misdemeanor is punishable by up to one year in jail and up to $5,000 in fines. Domestic battery is usually charged as a Class A misdemeanor, but previous convictions and aggravating factors can change that. Some aggravating factors include:
- Using a deadly weapon
- Causing serious bodily injury
- Having prior convictions
- Causing harm to certain protected or vulnerable groups
When the defendant has previously been convicted of battery against the same victim or has another qualifying conviction for domestic battery, domestic battery can be elevated to a Level 6 felony. A conviction would lead to up to 2.5 years in prison and up to $10,000 in fines.
Due to this, a defendant’s criminal history is extremely important when determining potential domestic battery penalties. Two defendants who are accused of similar misconduct could face very different penalties based on their past convictions in Noblesville, IN.
Understanding No-Contact Orders
When domestic battery charges are filed, the Prosecutor’s Office may seek a no-contact order for the victim. Judges may also issue a no-contact provision as a part of your pretrial release agreement.
There are many forms of communication that these orders forbid. Your order may prohibit phone calls, texts, social media, asking someone else to deliver a message, and living with the protected person. Make sure you carefully read your order and understand what you can and cannot do.
Hire a Domestic Battery Lawyer Today
Living with a no-contact order can be difficult, especially if you live with the victim, have children together, or share property. An attorney can help you understand what you can and cannot do while charges are pending.
Domestic battery cases are typically handled by Hamilton Superior Court, located at 1 Hamilton County Square, Noblesville, IN 46060. Domestic battery charges may seem scary, but you don’t have to face them alone. If you need to hire a domestic battery lawyer, you should know that your attorney can help with more than just your case in court.
A Noblesville domestic battery lawyer can explain what you should and shouldn’t do after being charged and prepare you for court.
FAQs
Can Domestic Battery Charges Be Dropped in Indiana?
Yes, domestic battery charges can be dropped. However, the alleged victim doesn’t get to drop the charges against the defendant. When charges are filed, the prosecutor decides if the case is going to move forward. Many times, a case is dropped due to lack of evidence, serious evidentiary issues arise, or there are other issues that don’t allow for prosecution to go forward. Just because a victim asks that charges be dropped doesn’t mean they are going to be.
Why Do Domestic Violence Cases Get Dismissed?
Domestic violence cases get dismissed for various reasons, including due to a lack of evidence that may be admissible at trial, witness statements that change or don’t match up with other evidence, witnesses that cannot be found or located to testify, or many reasons related to not being able to prove an element of the crime beyond a reasonable doubt.
What Is the Maximum Jail Sentence for Domestic Battery in Indiana?
The maximum jail sentence for domestic battery in Indiana depends on how the offense of domestic battery is charged. Simple domestic battery is usually charged as a Class A misdemeanor punishable by up to 365 days in jail. There are circumstances that elevate what would be basic domestic battery into a felony punishable by much higher amounts of potential jail time.
Can an Alleged Victim Violate a No-Contact Order?
Technically, an alleged victim cannot violate a no-contact order because the order is to restrict the defendant from certain activities. With that said, if the person who is protected by the no-contact order initiates conversation or contact, that doesn’t mean the defendant can now contact them back. The defendant should abide by the court’s order and domestic battery laws until it is removed or modified.
The Criminal Defense Team Can Help
Domestic battery charges can impact your liberty and your family even before you’ve been convicted. The Criminal Defense Team works together to provide clients with attorneys and the resources to look at the entire evidentiary file, instead of just the charges brought against you.
Five of the six Criminal Trial Specialists are Board-Certified* by the Indiana Supreme Court and practice with The Criminal Defense Team. Contact us today to let us explain your rights under Indiana law when facing Noblesville domestic battery charges.
*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.