Domestic Violence Charges in Indianapolis: Defending Your Rights
The state of Indiana takes the crime of domestic violence very seriously. You could face severe penalties if convicted of domestic violence in Indiana. However, there are several ways to defend yourself against domestic violence charges in Indianapolis. In this article, we explain what Indiana considers domestic violence, the potential penalties for domestic violence in Indiana, the steps you should take if you are facing domestic violence charges in Indianapolis, and some of the defenses against domestic violence charges. Read on!
What Is Domestic Violence in Indiana?
In Indiana, domestic violence is defined as any form of abuse between family members, intimate partners, or household partners. Spouses, children, siblings, parents, and even roommates can be victims of domestic violence in Indiana. In Indiana, domestic violence can take several forms. It can include a variety of offenses, including the following;
- Aggravated battery
- Domestic battery
- Criminal stalking
- Criminal confinement
- Harassment
- Kidnapping
- Homicide
- Criminal trespassing
- Strangulation
Potential Penalties for Domestic Violence in Indiana
In Indiana, domestic violence is often charged as a Class A misdemeanor. However, domestic violence can be charged as a felony, depending on the circumstances surrounding the case. For instance, if a person causes another person serious bodily harm, they could be charged with a felony. Potential penalties for domestic violence in Indiana include, among others, the following;
- Fines of up to $5,000 for misdemeanors
- Fines of up to $10,000 for felonies
- Jail time of up to 40 years for level 1 felonies
- Job loss
- Loss of parenting rights
Steps to Take if You Are Facing Domestic Violence Charges in Indianapolis
If you are facing domestic violence charges in Indianapolis, there are several steps you should take to protect yourself and increase your chances of achieving a favorable outcome from your case. They include the following;
- Stay silent: Do not try to convince law enforcement officers that you are innocent. Remember, you have the right to remain silent and against self-incrimination. It is best that you exercise your rights. You do not have to tell the police anything or answer their questions. Talking to the police might result in you making incriminating statements.
- Retain a skilled domestic violence defense attorney: You should hire a qualified domestic violence defense attorney as soon as possible. The longer you wait to retain an attorney, the worse your situation might get.
- Preserve evidence: For example, if there is helpful evidence at your home, you should collect it or take a picture of it. Other evidence you can collect includes messages you exchanged with the accuser, photos/videos saved on your phone, and social media posts. These items should be turned over to your attorney.
Defenses Against Domestic Violence Charges
Your defense attorney can help develop a defense strategy that suits your situation. But while different cases require a different defense strategy, the following are some of the most common defenses to domestic violence allegations;
- Providing an alibi. This entails showing that you were elsewhere when the crime occurred.
- Asserting mistaken identity
- Asserting that the accuser is lying
- Asserting self-defense or the defense of another person
- Arguing the prosecution does not have enough evidence to prove its case
Contact an Indianapolis Criminal Defense Lawyer
If you are facing domestic violence charges in Indianapolis, contact our skilled and dedicated Indianapolis criminal defense lawyers at Rigney Law LLC. We can help you develop a strong defense strategy that can help you fight your charges.