Domestic battery penalties
Under Indiana law, domestic battery occurs when a person knowingly or intentionally touches a family or household member in a rude or angry way or places bodily fluid or waste on a family or household member in a rude or angry way.
The penalties for this offense vary. They can range from a misdemeanor with up to one year in jail and a fine up to $5,000 to a felony with up to 30 years of imprisonment. A felony conviction can also carry a fine of up to $10,000.
Potential defenses
There are several defenses to domestic battery that an individual can consider. One of the most common defenses is that the victim falsely accused the alleged abuser. This may be because the parties had a heated argument, a disagreement over child custody or a divorce, for example, but there was no domestic battery.
In some cases, the accused person may be able to claim self-defense. This often applies where there was an immediate threat of harm. If the individual can demonstrate that he or she was protecting another person, like a child, when the incident occurred that may also be a defense.
If a person has been accused of domestic battery, an experienced attorney can review the charges and offer advice.