Is Domestic Battery a Felony in Indiana?
In the state of Indiana, domestic battery is taken very seriously. The punishment for domestic battery can be severe, and it can have long-lasting effects on the victim. In this article, we will answer the question: Is domestic battery a felony in Indiana?
Is Domestic Battery a Felony in Indiana?
In Indiana, domestic battery is a serious offense and can be classified as either a misdemeanor or a felony, depending on the circumstances of the case. According to Indiana Code 35-42-2-1.2, domestic battery is defined as "a malicious act committed by a family or household member against another family or household member" and can include physical or verbal abuse.
Classes of Domestic Battery in Indiana
Domestic battery is classified into two main classes in Indiana: Class A misdemeanor and Class D felony. The difference between the two classes is the level of severity of the battery and the history of battery-related offenses committed by the perpetrator.
Class A Misdemeanor:
- Is considered a Class A misdemeanor if:
- The battery caused only minor bodily injury (no serious harm)
- The battery did not cause bodily injury
- The perpetrator has no prior domestic battery convictions within the last 5 years
- Punishment:
- Up to 1 year in jail
- Up to $5,000 fine
- Probation
- Restitution to the victim
Class D Felony:
- Is considered a Class D felony if:
- The battery caused serious bodily injury
- The perpetrator has a prior domestic battery conviction within the last 5 years
- The perpetrator used a weapon during the battery
- The battery was committed with a firearm
- The battery was committed while the victim was confined or restrained
- Punishment:
- Up to 3 years in prison
- Up to $10,000 fine
- Probation
- Restitution to the victim
- Possible loss of voting rights, right to own/possess firearms, and professional licenses
Table: Comparison of Class A Misdemeanor and Class D Felony in Indiana
| Class A Misdemeanor | Class D Felony | |
|---|---|---|
| Punishment | Up to 1 year in jail | Up to 3 years in prison |
| Fine | Up to $5,000 | Up to $10,000 |
| Restitution | Mandatory | Mandatory |
| Prior Convictions | No prior convictions within 5 years | Prior convictions within 5 years |
Aggravating Factors that can lead to a felony charge
Several factors can lead to a felony charge for domestic battery in Indiana, including:
- Prior convictions for domestic battery within the last 5 years
- The use of a weapon during the battery
- Serious bodily injury was caused by the battery
- The battery was committed with a firearm
- The battery was committed while the victim was confined or restrained
- History of stalking or restraining orders against the perpetrator
What happens if a defendant has prior convictions?
If a defendant has prior convictions for domestic battery within the last 5 years, it can escalate the charge to a Class D felony, even if the current incident is typically a Class A misdemeanor. This is known as an "enhanced sentence".
Conclusion
In summary, domestic battery is taken seriously in Indiana, and the punishment can be severe. While most cases of domestic battery are classified as Class A misdemeanors, a Class D felony can be charged if the perpetrator has a history of similar offenses, the battery causes serious bodily injury, or the perpetrator uses a weapon during the battery. Understanding the laws and consequences of domestic battery is crucial in order to provide the appropriate protection and justice for the victim.
