Lafayette Domestic Violence Lawyer In Indiana
A domestic violence charge, even a single allegation, can lead to arrest, court orders and potential criminal penalties. Because these cases involve complicated personal relationships and strict legal standards, working with a Lafayette domestic violence lawyer can be an important step in protecting your rights and preparing for what comes next.
At the Law Offices of Jason Jackson & Assoc, our team has over 25 years of legal experience and has represented many clients facing domestic battery and domestic violence allegations. From our office in Lafayette, Indiana, we work directly with clients to review the facts of their cases and build a strong defense strategy.
What Constitutes Domestic Battery Under Indiana Law?
Under Indiana Code § 35-42-2-1.3, domestic battery occurs when a person knowingly or intentionally touches a family or household member in a rude, insolent or angry manner.
The law does not require severe injury for a charge to occur. In many domestic violence cases in Lafayette, the focus is on the nature of the contact and the relationship between the people involved.
Another key element involves identifying who qualifies as a family or household member. Indiana law includes several types of relationships under this category. These commonly include:
- Current or former spouses
- Individuals who share a child together
- People who live together or previously lived together in the same household
- Individuals involved in a dating or romantic relationship
These expanded definitions mean that a domestic battery charge may apply even when the individuals are not married or related by blood. A disagreement between dating partners or roommates in Lafayette, Indiana, can still fall under domestic violence laws.
Is Your Case A Misdemeanor Or A Felony?
Not every domestic battery charge carries the same level of severity. Indiana law uses a grading system that determines whether the charge is treated as a misdemeanor or a felony.
In many situations, domestic battery begins as a Class A misdemeanor. However, certain circumstances can cause the charge to increase to a Level 6 felony or even more serious levels, depending on the facts of the case.
Several aggravating factors may raise the level of the charge. Common examples that may increase the severity of a domestic violence charge include:
- The presence of a child under the age of 16 during the alleged incident
- Prior convictions for battery or domestic battery
- Allegations involving strangulation or the use of a deadly weapon
- Injury to a pregnant woman
When any of these elements appear in a case, the legal consequences can increase. Felony charges may lead to longer jail sentences and additional penalties.
A Lafayette domestic violence lawyer can review police reports, witness statements and other evidence to determine whether the charge level is supported by the facts.
What Are The Penalties For Domestic Violence In Indiana?
Penalties for domestic battery and domestic violence charges vary depending on the classification of the offense. Some of the possible penalties under Indiana law include:
- Class A misdemeanor domestic battery: Up to one year in jail, fines of up to $5,000 and possible probation and court-ordered programs.
- Level 6 felony domestic battery: Six months to 2.5 years in prison, advisory sentence of one year, fines of up to $10,000
- Higher-level felony charges: May apply if serious injury occurs or if strangulation is involved. These charges have the potential for multiyear prison sentences, increased fines and extended probation.
In addition to criminal penalties, courts can issue protective orders that restrict contact between the accused person and the complaining witness. These orders can affect where a person lives and whether they can return to their home.
Can Charges Be Dropped For Domestic Violence In Lafayette?
Domestic violence charges do not automatically disappear if the complaining witness asks to drop them. The decision to continue or dismiss a domestic battery case is not controlled by the complaining witness. In Lafayette, Indiana, the Tippecanoe County Prosecutor’s Office makes the final decision about whether a case moves forward.
They rely on other forms of evidence, such as:
- Police body camera footage
- Photographs of injuries or property damage
- Statements made during the initial investigation
- Medical records or 911 call recordings
However, changes in witness statements can still influence the direction of a case. A Lafayette domestic violence lawyer works closely with the facts of the case to identify weaknesses in the prosecution’s evidence.
Do Not Let One Allegation Define Your Future
At the Law Offices of Jason Jackson & Assoc, we have over 25 years of experience representing individuals facing criminal charges in Lafayette, Indiana, and the surrounding communities. If you or someone you care about has been accused of domestic battery or domestic violence, our team is ready to review your situation and explain the legal options available.
Dial 317-678-0247 today to discuss your case. You can also reach us through our contact form to schedule a confidential free consultation.