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Domestic Violence Defense / 6.01.2022

The Level of Domestic Violence Charges Depends on the Accusations

It is not uncommon for family members in Indianapolis to get into arguments and be upset with each other from time to time. These arguments can be very emotional for both people involved in the argument. People make rash decisions in the heat of the moment and may just want to make the other person involved pay. One person may call the police simply to get the other person out of the house.

Many domestic violence charges are based on the statements made by the parties involved, as well as other potential evidence of physical injury. Usually, there are no others around during the fight. This means that the statements made to the police the night of the argument are based on whether one person is charged with a domestic violence crime. When there is no signs of physical injury, domestic violence charges may involve a so-called, “he-said, she-said” dispute regarding alleged violent acts.

There are many different levels of domestic violence charges. The level depends on the accusations made the night of the fight and other factors.

LEVELS OF DOMESTIC VIOLENCE CHARGES

The different levels of domestic violence charges are:

  • Class A misdemeanor: When there is physical contact in anger.
  • Level 6 felony: If a person was previously convicted of domestic violence; if the person is accused of domestic violence in the presence of children under 16; if the alleged domestic violence causes moderate injuries; it is against a child under 14 years old; was against a child with mental or physical disabilities or it is against an endangered adult.
  • Level 5 felony: The accusations include allegations of serious bodily injury; it allegedly involved a deadly weapon; it was allegedly against a pregnant woman; was against the same family member as a previous conviction; caused injuries to someone under 14 years old, has mental or physical disabilities or is against an endangered adult.
  • Level 4 felony: The person is accused of causing serious bodily injury to an endangered adult.
  • Level 3 felony: The person is accused of causing serious bodily injury to a 14 year old.
  • Level 2 felony: If it causes death to a 14 year old or endangered adult.

Accusations of domestic violence that result in criminal charges in Indiana can have major effects on people’s lives. Criminal charges do not mean people are guilty though and consulting with experienced attorneys may be beneficial.

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