Indiana Domestic Battery Defense Attorney
Fort Wayne lawyer defends against charges of intra-family violence
Indiana law treats domestic battery as a criminal offense, even when injury does not result. A conviction can do serious harm to the accused person’s reputation and ability to gain employment, credit and other benefits. Anyone charged with domestic battery deserves a strong defense. At The Law Offices of Ryan E. Lackey, in Fort Wayne, an Indiana domestic battery defense attorney is ready to hear your side of the dispute and to take effective action in your behalf.
What is domestic battery?
Domestic battery is a form of domestic violence. It consists of conduct amounting to physical force or threatened use of a weapon committed by the defendant against any of the following:
- A current or former spouse, sexual partner or dating partner
- A co-parent of a child
- A relative by blood, adoption or marriage
- A current or former foster parent, custodian, guardian or ward
A domestic battery case begins with one of these people contacting police to report an incident.
Penalties for domestic battery in Indiana
Domestic battery is generally a misdemeanor, punishable by up to one year in jail or a $5,000 fine. However, if it causes injury, involves the use of a deadly weapon, is witnessed by a child or violates a protective order, or if you have a prior conviction, it can be a felony that, depending on the circumstances, may result in imprisonment for six to 30 months. The penalties the court may impose on you depends on the circumstances.
Other consequences of domestic battery charges
The alleged victim might obtain a protective order, which would prohibit you from contacting or approaching him or her, and might evict you from your home. In addition, having a criminal record for domestic battery may impair your reputation and make it difficult for you to obtain or keep a job, since it creates a concern that you might be violent or might create a hostile working environment for your co-workers. If you are caught in possession of a firearm after a domestic battery conviction, you may be sentenced to one year in prison and a $5,000 fine.
The legal process for domestic battery cases in Indiana
If you are arrested for domestic battery, you will likely be required to post bail to avoid spending time in jail pending trial. The police may interrogate you, but you have a right to remain silent. At trial, the prosecution must prove its case beyond a reasonable doubt, and your attorney will have the right to cross-examine the witnesses against you and present evidence in your defense. You can count on us to protect your rights at every stage of the proceedings.
Can domestic battery charges be dropped in Allen County?
We will apply a vigorous defense, challenging the allegations against you by cross-examining your alleged victim and other witnesses against you and presenting evidence in your behalf.. If circumstances permit, we will negotiate a plea bargain to reduce or even drop the charges against you.
Contact a determined Indiana domestic battery defense attorney
If you are accused of domestic battery, The Law Offices of Ryan E. Lackey in Fort Wayne is ready to help. For a free consultation, please contact the firm online or call us at 260-222-7364.
