Navigating the Gray Area: Self-Defense vs. Battery Charges

Posted on December 3, 2024 by admin

Understanding legal language can often feel overwhelming, but knowing where you stand in terms of the law is essential—especially in situations involving self-defense or battery allegations. While both concepts center around physical altercations, their implications couldn’t be more different in the eyes of the law. If you’re unsure about how self-defense is legally defined or how it contrasts with charges of battery, this guide breaks down the differences and implications, giving you the clarity you need.

By the end of this blog, you’ll walk away with a solid understanding of both legal terms, how they apply in hypothetical scenarios, and practical advice to protect yourself legally if you’ve been involved in such a situation.

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What is Self-Defense?

Self-defense is a legal justification for protecting yourself, others, or your property from harm or danger. Legally, it allows a person to use reasonable force against an aggressor in response to an immediate threat.

Legal Definition of Self-Defense

The specifics of self-defense vary between jurisdictions, but the central idea is consistent across the board. Self-defense typically requires the following elements:

Imminent Threat: The threat must be immediate and unavoidable.
Proportionality: The force used in self-defense must be reasonable and proportionate to the perceived threat.
No Aggressor Role: You cannot claim self-defense if you were the one who instigated the conflict.

For example, if you are attacked on the street and use reasonable force to push your attacker away, this would often fall under self-defense protections.

Examples of Self-Defense

Remember that self-defense laws exist to allow individuals the right to protect themselves, but only within reasonable boundaries. Excessive or disproportionate force can lead to legal issues. Consider these scenarios where self-defense might apply:

Home Intrusion: Someone breaks into your home, and you act to protect yourself or your loved ones.
Bar Fight: If someone throws the first punch in a bar altercation, responding with equal force to neutralize the situation may be justifiable.
Domestic Disputes: Defending oneself from physical harm in an abusive domestic situation can also fall under this category, though these cases can quickly become complicated legally.

What Constitutes Battery?

Battery, on the other hand, is a criminal offense that involves intentional, unjustified, and harmful physical contact with another person. Battery charges are serious and can have far-reaching consequences depending on the context of the incident.

Legal Definition of Battery

Battery laws encompass various situations, from simple altercations to more severe crimes like domestic battery. While legal definitions differ slightly by state, most laws define battery as:

Intentional Contact: The accused must have willfully made physical contact with the victim.
Offensive or Harmful Contact: The contact must have caused harm or been considered offensive by societal norms.
Lack of Consent: Any harmful or offensive physical contact without the victim’s consent is considered battery.

Types of Battery

Different jurisdictions classify battery into varying categories:

Simple Battery: Unlawful physical contact made without intent to cause serious harm (e.g., shoving someone in frustration).
Aggravated Battery: Causing significant harm or using a weapon during an altercation.
Domestic Battery: Physical abuse occurring between individuals in a domestic relationship, such as spouses or roommates.

For example, a slap during an argument may lead to a simple battery charge, whereas inflicting serious injury during a bar fight could be classified as aggravated battery.

Differences Between Self-Defense and Battery

While both self-defense and battery involve physical actions, the intent and context separate them.

Intent vs. Protection

The fundamental difference lies in intent.

Self-Defense: The intent is protective—to neutralize a threat and ensure safety.
Battery: The intent is offensive—to harm or invade another individual’s physical space without justification.

If you use force to defend yourself from unprovoked harm, it may qualify as self-defense. However, if you initiate physical contact without justification, it would likely be classified as battery.

The Role of Reasonable Force

Proportionality is key in distinguishing between legitimate self-defense and crossing into the realm of battery. Self-defense requires proving that the force used was reasonable based on the circumstances. For example:

If someone attempts to take your wallet, reacting by pushing them away may be deemed reasonable.
However, using a disproportionate response, such as severely injuring the pickpocket once they’re already subdued, may lead to battery charges.

Legal Implications and Case Examples

How the law interprets self-defense versus battery varies by jurisdiction. Understanding these differences can help you make informed decisions in the heat of the moment.

How Laws Vary by State

The degree of protection or penalties associated with self-defense and battery are governed by state laws. For example:

Stand Your Ground States (e.g., Florida, Texas): Allow individuals to use force, including deadly force, to defend themselves without a duty to retreat.
Duty to Retreat States (e.g., New York, Massachusetts): Require individuals to try and avoid confrontation before using force.

Here in Indiana, the state’s Castle Doctrine permits individuals to use reasonable force against an intruder who breaks into their home or business.

Hypothetical Examples of Self-Defense vs. Battery

Here are two example cases illustrating the nuances of self-defense and battery:

The Subway Altercation – An individual defends themselves after being cornered and attacked on a subway platform. The court ruled this as self-defense due to the immediate and unavoidable threat posed.
The Parking Lot Dispute – A disagreement escalates, and one party punches the other without any provocation. This was classified as battery because there was no imminent threat or justification for the use of force.

Protecting Yourself in a Physical Altercation

No one imagines finding themselves in a situation where they need to defend themselves. However, knowing what to do in these situations is crucial.

What to Do If You Need to Defend Yourself

Assess the Threat: Use force only when absolutely necessary, and ensure your response is proportional to the threat.
Retreat Safely: If possible, remove yourself from the situation to avoid escalating violence.
Report the Incident: Contact law enforcement and provide a clear, accurate account of events to strengthen your legal defense.

Know Your Rights

Understanding self-defense laws in your state can prevent you from unknowingly crossing legal boundaries. Consider consulting with a criminal defense attorney to familiarize yourself with specific regulations.

Conclusion

Understanding the difference between self-defense and battery is critical. While self-defense is a right to protect yourself, it comes with limitations. Crossing the line into excessive force could turn your actions into a legal liability or even result in battery charges. If you’re facing battery charges or need clarity on self-defense laws, consulting a criminal defense attorney is a must. Legal expertise ensures your rights and actions are effectively defended.

By staying informed and acting wisely, you can successfully navigate these complex situations with confidence. For personalized legal advice regarding your battery charges in Indiana, reach out to our law firm. Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense attorney in Indianapolis, Indiana. We will get you the best possible outcome to your criminal case!

Arrested in Indiana for a Violent Crime? Advice for Navigating the Legal Waters

Posted on October 25, 2024 by admin

Finding yourself on the wrong side of the law can be daunting, especially when charged with a violent crime in Indiana. With serious charges come serious consequences, and understanding the legal landscape is crucial to navigating your way forward.

In this blog post, we explore what it means to be arrested for a violent crime in Indiana, the arrest process, your legal rights, potential outcomes, and the significance of seeking legal counsel. Whether you’re an Indiana resident or a defendant finding yourself in this situation, read on to arm yourself with valuable information.

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Defining Violent Crimes in Indiana

Violent crimes are serious offenses that can lead to significant penalties, including imprisonment. In Indiana, violent crimes encompass a range of actions, including assault and battery, domestic violence, armed robbery, and homicide. Each comes with its own set of legal definitions and potential consequences. Understanding these distinctions is crucial, as they determine the severity of penalties and the specifics of the charges.

For instance, assault and battery are often mistaken as the same. However, assault refers to the threat of harm, while battery involves actual physical contact. In Indiana, both offenses can lead to misdemeanor or felony charges, depending on the severity of the act and the injuries inflicted. Similarly, domestic violence, a crime taken seriously in Indiana, involves harm or threats between family members or partners, often resulting in protective orders and mandatory reporting.

Armed robbery, another grave offense, involves theft with the use of a weapon. Under Indiana criminal law, it’s categorized as a felony, with severe repercussions including long-term imprisonment. By understanding these distinctions, defendants can better grasp the charges they face and prepare accordingly.

Understanding the Arrest Process

Being arrested can be an overwhelming experience, yet knowing what to expect can ease some of the anxiety. In Indiana, the arrest process begins with law enforcement identifying probable cause. This means there’s enough evidence to suspect you of committing a violent crime, such as assault and battery or armed robbery. The arresting officers are required to inform you of your rights, commonly known as Miranda rights. This includes your right to remain silent and your right to an attorney.

Once arrested, you’ll be taken to a police station for booking. This involves recording your personal details, photographing, and fingerprinting. You may also be questioned by the police, but remember, anything you say can be used against you in court. It’s crucial to exercise your right to remain silent and request legal representation before answering any questions.

After booking, you may be held in custody until your arraignment, where formal charges are presented. At this stage, you’ll have the opportunity to enter a plea. Understanding these steps can help you stay calm and make informed decisions during this critical time.

Legal Rights and Responsibilities

When facing arrest for a violent crime in Indiana, being aware of your legal rights is paramount. Among the most important rights is the right to an attorney. Regardless of the charges, having legal representation ensures that your rights are protected, and you receive a fair trial. Additionally, you have the right to remain silent, preventing self-incrimination during police questioning.

It’s also essential to acknowledge your responsibilities as the accused. Cooperating with law enforcement and attending all court proceedings are crucial steps in the legal process. Failure to comply can result in additional charges or penalties. Understanding the balance between your rights and responsibilities can guide your actions and decisions throughout the legal proceedings.

In Indiana, defendants are presumed innocent until proven guilty. This fundamental principle means that the burden of proof lies with the prosecution. To mount a strong defense, consider gathering evidence, seeking witness testimonies, and working closely with your attorney to build a robust case.

Potential Outcomes and Next Steps

Facing charges for a violent crime can lead to various legal outcomes, depending on factors such as the nature of the crime, prior criminal history, and evidence presented. Possible outcomes range from dismissal of charges to plea bargains, or a full trial resulting in acquittal or conviction. Understanding these potential scenarios can help you prepare for what’s ahead.

A plea bargain, for example, may involve negotiating a lesser charge or reduced sentence with the prosecution. While this may seem appealing, it’s crucial to weigh the pros and cons with your attorney, considering the long-term implications of a guilty plea. Alternatively, if your case proceeds to trial, presenting a strong defense and challenging the prosecution’s evidence becomes paramount.

In cases of conviction, penalties can include fines, probation, or imprisonment. Indiana criminal law emphasizes rehabilitation, and certain programs may be available to reduce sentences or offer alternatives to incarceration. Exploring these options with your attorney can be a critical step in determining your next move.

Navigating the Indiana Legal System

Understanding the complexities of the Indiana legal system can empower you to make informed choices. From attending court hearings to filing necessary paperwork, each step requires careful attention. Familiarizing yourself with court procedures, timelines, and the roles of different legal professionals can alleviate some of the uncertainty surrounding your case.

The pre-trial phase includes hearings where evidence is reviewed, and motions are filed. Your attorney may challenge the admissibility of evidence or seek to dismiss charges based on procedural errors. During the trial, both the defense and prosecution present their cases, and a judge or jury determines the verdict. Being actively involved in your defense strategy and collaborating with your attorney can significantly impact the outcome.

Post-trial processes may involve appeals or requests for sentence modification. If dissatisfied with the verdict or sentencing, consulting your attorney about potential grounds for appeal can open avenues for redress. The Indiana legal system may seem daunting, but with the right guidance, you can effectively navigate its intricacies.

Importance of Seeking Legal Counsel

When charged with a violent crime, hiring an experienced criminal defense attorney is invaluable. Legal counsel can provide insights into the intricacies of Indiana criminal law and develop a tailored defense strategy. Their expertise can mean the difference between a favorable outcome and severe penalties.

A skilled attorney not only represents you in court but also offers guidance throughout the legal process. From gathering evidence to negotiating plea deals, their support is crucial at every stage. They can assess the strengths and weaknesses of your case, identify potential defenses, and advocate on your behalf.

Choosing the right attorney requires careful consideration. Look for attorneys with a proven track record in handling violent crime cases and a deep understanding of Indiana law. Initial consultations can provide an opportunity to gauge their approach and determine if they’re the right fit for your needs.

Conclusion

Being arrested for a violent crime in Indiana is a challenging experience, but understanding the legal terrain can empower you to make informed decisions. By familiarizing yourself with the arrest process, your legal rights, potential outcomes, and the importance of legal counsel, you can better navigate this complex situation.

Remember, seeking professional legal guidance is paramount. An experienced criminal defense attorney can provide the support and expertise needed to protect your rights and advocate for your best interests. If you find yourself facing charges, take the necessary steps to secure competent representation and build a strong defense.

For those in need of legal advice or representation, consider reaching out to experienced criminal defense attorneys in Indiana. Their knowledge and expertise can guide you through this challenging time, ensuring that you receive the best possible outcome.

Are you ready to discuss the best defense strategies for your specific legal situation? Contact Attorney David E. Lewis at 317-636-7514 today to schedule a free consultation and take the first step towards a strong violent crime defense. We’re here to help you understand your legal rights and provide the guidance you need to avoid being convicted of infringement. We will get you the best possible outcome to your criminal case!

The Advice You Need After Being Charged with a Sex Offense in Indiana

Posted on March 8, 2024 by admin

The terrain of law, especially concerning sex offenses, is a labyrinth that can be challenging to traverse. This is particularly true in Indiana, where the legal fabric is both robust and precise in its approach to sex crime charges and consequences. For individuals who find themselves accused of a sex offense, the path ahead is laden with potential pitfalls and requires a sure-footed approach.

It’s critical to understand the nuanced laws, the legal process, and your rights. In this comprehensive guide, we will illuminate the way forward for those facing sex offense charges in the state of Indiana, providing invaluable insights, and shedding light on critical support resources.

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Understanding Sex Offenses in Indiana

Indiana law classifies sex offenses into multiple distinct categories, each with its own set of definitions and consequences. From misdemeanors to felonies, sex offenses in Indiana are not taken lightly, and the severity of the crime directly correlates with the penalties imposed. It’s essential to understand the particularities of each type of sex offense and the legal implications of being charged with one.

Categorization of Sex Offenses

The first step in comprehending sex crimes in Indiana is recognizing that they can range from sexual battery, child molesting, to public indecency. This section breaks down the various offenses, including:

► Rape and Sexual Assault
► Child Molesting and Exploitation
► Sexual Battery
► Sexual Domestic Violence

Consequences of Sex Offenses

Once defined, we’ll explore the legal punishments associated with sex crimes, which might include incarceration, fines, and the requirement to register as a sex offender. The long-term implications, such as restrictions on where one may live or work, will also be outlined, underscoring the life-altering nature of these charges.

Legal Process and Your Rights

The next section dissects the legal proceedings an individual encounters after being charged with a sex offense in Indiana. It’s essential to understand what to expect, from the arrest and bail process to the trial and potential sentencing. Furthermore, clarifying the rights an accused person is entitled to, from the right to remain silent to the right to an attorney, is pivotal in ensuring a fair legal battle.

Arrest and Bail

Detailing the steps involved in being detained, booked, and the subsequent bail hearing is crucial for demystifying the initial stage of the legal process.

Trial and Sentencing

Subsequently, we’ll guide readers through the complexities of the trial process, including the selection of a jury and the presentation of evidence, leading up to potential sentencing under Indiana’s sentencing guidelines.

Legal Rights for the Accused

This subheading underscores the importance of knowing and asserting one’s legal rights, such as the right to due process and protection against self-incrimination.

Seeking Legal Advice

Nothing in the legal landscape is more crucial than the selection of a competent and experienced attorney. Understanding the importance and the strategies for finding the right legal representative is the focus of this segment.

The Importance of Legal Counsel

Underscoring the value of legal representation, we’ll discuss how an attorney can protect the rights of the accused and potentially minimize the legal fallout of a sex offense charge.

Selecting the Right Attorney

Providing a step-by-step guide on the selection process, including the vetting of potential attorneys’ backgrounds, experience, and prior case history, assists readers in making an informed decision.

Support Resources for Defendants

The emotional toll of facing a sex offense charge can be as significant as the legal ramifications. In this section, we will highlight available support resources, including support groups and mental health services, that can provide solace and guidance during what can be a tumultuous time.

Legal Support Groups

Outlining the benefits of joining a legal support group, where individuals can share experiences and advice, ensuring no one has to face the complexity of the legal system alone.

Professional Counseling Services

Navigating the mental health aspects of being accused of a sex crime is delicate. We’ll explore how professional counseling services can assist in managing the emotional strain of the legal battle.

Conclusion

The web of legalities surrounding sex offense charges in Indiana is vast and intricate. For those who find themselves ensnared within it, the services of a dedicated attorney and the support of the right resources can make the difference between a successful defense and a life mired in the consequences of a conviction. By arming oneself with knowledge and aligning with experienced professionals and supportive groups, the seemingly overwhelming challenge of a sex offense charge can be methodically addressed. This post serves as a beacon of understanding and support, guiding individuals accused of sex offenses through the complex terrain of Indiana’s legal system toward a path of clarity and potential redemption.

Remember, the path forward may be obscured, but with the right support and guidance, even the most formidable legal challenges can be overcome. Contact Attorney David E. Lewis at 317-636-7514 for the strongest criminal defense in Indianapolis for sex crimes, including sexual assault, sexual battery, child molestation charges, and sex offender registration assistance. We will get the best possible outcome for your criminal case. Get in touch without delay, as each moment in such a case can be pivotal.

How Cops Respond to Domestic Violence Calls in Indiana

Posted on February 14, 2023 by admin

Domestic violence is a serious problem in Indiana and across the United States. According to governmental data, in 2019 there were an estimated 1.2 million domestic assaults reported to law enforcement agencies nationwide. Unfortunately, it’s likely that many more cases of domestic violence go unreported and undetected each year.

In Indiana, law enforcement officers are trained to respond quickly and effectively when called upon for assistance with a domestic dispute or complaint. The state has specific laws in place that dictate how police should handle these types of calls to ensure the safety of all involved parties while also providing victims with necessary resources and support services they need to get out of dangerous situations.

In this blog post, we’ll take a closer look at how law enforcement responds to domestic violence calls in Indiana so you can be better informed about your rights and responsibilities if you ever find yourself facing such a situation.

Call 317-636-7514 to Speak With a Domestic Violence Lawyer in Indianapolis. — Call 317-636-7514 to Speak With a Domestic Violence Defense Lawyer in Indianapolis.

Domestic Dispute Police Response Process in Indiana

When law enforcement is called to respond to a domestic dispute in Indiana, the officers must first assess the situation. They will ask questions, such as whether or not any weapons are present, and take note of other signs that could indicate domestic violence is taking place. If it appears that an act of domestic violence has occurred, the officers must comply with certain procedures, such as interviewing any involved parties and performing a protective sweep of the dwelling.

The officers must also make sure that any victims of domestic violence are taken out of immediate danger and provided with appropriate resources, such as temporary housing or restraining orders. The officers must also take necessary steps to ensure the safety of all parties involved by making sure that any weapons present are collected and securing the scene.

In Indiana, law enforcement officers have an obligation to protect victims of domestic violence. They must evaluate each situation independently and determine if there is probable cause for arresting someone or issuing a Domestic Violence Order of Protection. If so, they can take necessary steps to provide victims with the safety and security they need to get out of a dangerous situation.

Cooperate With Police and Stay Calm

Whether the victim, the accused, or both, always be polite with law enforcement, as they are there to help. Guilty or not, if they place you under arrest, remain calm and don’t say another word until you have spoken with your Indianapolis criminal defense attorney. Once you are booked into the jail system, you can contact your lawyer and get bonded out of jail. From there, you will work on your defense.

Overall, it’s important to remember that law enforcement officers in Indiana take domestic violence calls seriously, and their primary goal is to protect victims and ensure the safety of all parties involved. If you ever find yourself in such a situation, please know that help is available, and you should not hesitate to call for assistance.

Putting an End to Domestic Violence

It’s important that we all work together to end domestic violence and make sure that those affected by it get the help they need urgently. And by working with law enforcement and other organizations dedicated to ending domestic violence, we can ensure that everyone in Indiana has access to the resources and support services they need. Let’s all play a role in making sure our state is free from domestic violence.

If you or someone you know is in a dangerous situation, don’t hesitate to reach out for assistance. Contact 911 in the case of an emergency. You mat also contact your local law enforcement office or visit the Indiana Coalition to End Domestic Violence website for more resources and information.

If you have been falsely accused of domestic violence, hire an aggressive lawyer who can protect your rights and get your charges dropped in Indiana. Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a meeting with our experienced domestic violence defense lawyer in Indianapolis. Meet by phone or in person at our law office, based conveniently in Downtown Indy.

FAQS About Domestic Violence Arrests and Charges in Indiana

Posted on December 5, 2022 by admin

When someone is involved with domestic violence in Indiana, whether as a victim, perpetrator, or accused defendant, they may be unsure of what to expect next. In this post, we will explore the process that follows an arrest and outline the possible penalties that can be imposed. Continue below to review some relevant FAQs about domestic violence arrests and charges in Indiana.

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Frequently Asked Questions About Indiana Domestic Violence Laws

What is Domestic Violence?

Domestic violence is a pattern of behavior in which one partner in a relationship uses power and control to harm the other partner. domestic violence can take many forms, including physical, sexual, emotional, and financial abuse. Domestic violence, also known as domestic abuse or relationship abuse, is not just about violence itself; it is about power and control. domestic violence is a serious problem that can have lasting effects on victims, including children who witness domestic violence. domestic violence is preventable, and there are many resources available to help victims and their families. If you or someone you know is experiencing domestic violence, please reach out for help. There are many people who care and are ready to help. You are not alone.

What are the Different Types of Domestic Violence Charges That Can Be Made?

domestic violence is a serious problem across the United States, and Indiana is no exception. A report released in April by the Domestic Violence Network (DVN) found domestic violence-related calls made to IMPD jumped from more than 18,000 in 2019 to more than 30,000 in 2020. And according to the Indiana Coalition Against Domestic Violence (ICADV), between 2020 and 2021, there were 98 intimate partner violence-related fatalities, showing a 181% increase from the previous year.

There are a variety of different domestic abuse charges that can be made in Indiana. These include battery, strangulation, intimidation, domestic battery by means of a deadly weapon, and kidnapping. The penalties for domestic violence vary depending on the specific charge, but they can range from a misdemeanor to a felony. In some cases, a domestic violence conviction can also result in the loss of custody of children or the loss of the right to possess firearms.

What Happens After a Domestic Violence Arrest Is Made?

Once a domestic violence arrest is made, the accused will be taken into police custody and processed. This usually involves being fingerprinted and photographed and may also include a search of their personal belongings. The accused will then be placed in a holding cell until they can be brought before a judge. At this point, the judge will determine whether there is enough evidence to keep the accused in custody pending trial. If so, the accused will be remanded to jail until their trial date. If the judge decides that there is not enough evidence, the accused will be released on bail. In either case, it is important to remember that domestic violence is a serious crime and defendants should always consult with an experienced criminal defense attorney before making any decisions about their case.

How Can Victims of Domestic Violence Get Help?

If you or someone you know has been the victim of domestic violence, it is important to seek help as soon as possible. There are a number of resources available in Indiana, including domestic violence shelters and crisis lines. You can also contact the Indiana Coalition Against Domestic Violence for more information. Remember, domestic violence is never acceptable, and help is always available.

National Domestic Violence Hotline: #800-799-7233
Hours: 24/7

How Can I Protect Myself if I Am Accused of Domestic Violence?

If you are accused of domestic violence, it is important to take the allegations seriously. Domestic abuse can have a lasting impact on the victim, and it is important to get help if you are struggling with this issue. You should contact a criminal lawyer in Indianapolis you are facing domestic violence charges. An attorney can help you understand the charges against you and provide guidance on how to best protect yourself. They can also help with restraining orders and child abuse cases.

If you are convicted of domestic violence, you may face a number of penalties, including jail time, fines, and a restraining order. You may also be required to attend counseling or treatment programs.

If you are facing domestic violence charges in Indiana, it is important to get help from an experienced Indianapolis criminal defense attorney to protect your rights. Contact the Law Office of David E. Lewis at 317-636-7514 and schedule a free consultation to discuss the best strategies for beating or reducing your domestic abuse or disorderly conduct criminal charges.

What to Do if You Were Falsely Accused of Domestic Violence

Posted on February 23, 2022 by admin

Domestic violence in a serious crime, and unfortunately, a prevalent one all across the Nation. However, not everyone suspected of or charged with domestic violence is guilty. If you have been falsely accused of domestic violence in Indiana, it is in your best interest to assume a strong and impactful defense to protect your rights and preserve your freedoms. A domestic violence conviction stays on your record, and can have lasting, if not lifelong negative effects on your quality of life.

Continue reading to learn what you need to do to protect yourself from being wrongly convicted of a domestic violence offense in Indiana.

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Domestic Violence Accusations are Serious

If you have been accused of domestic violence, take it seriously. Many people are falsely accused and ultimately, wrongly convicted of domestic assault or battery, which results in lasting, lifelong consequences. You must act fast and hire a licensed and aggressive Indiana criminal defense lawyer who can fight your charges and prove your innocence beyond any doubt.

Divorce and Child Custody Matters

False domestic violence reports commonly arise during divorce and child custody matters. One party may attempt to tarnish the reputation of the other for the purpose of gaining assets or winning child custody. Then again, fake domestic violence accusations are often made simply out of spite or revenge. Anyone can fall victim to a phony domestic violence accusation, which is why it is important to educate yourself on how to remain protected against such false charges.

Mistakes Made By Responding Police

Often times, domestic violence arrests and subsequent charges arise due to law enforcement error. The police officers who respond to the scene of a potential domestic violence dispute can possibly make a miss call or use poor judgment, and as a result, arrest the wrong person. This often happens when it’s one person’s word against the other. In such cases, it is important to use the highest degree of respect and cooperation. Attitude, anger, or belligerence can result in an arrest, whether you’re guilty or not.

Penalties for Making Untrue Domestic Violence Claims

Anyone who falsely accuses another person of domestic violence by filing an official report with police will face serious penalties if caught further deception. Not only will they face potential criminal charges, but upon eviction, they may face heavy fines and jail time.

Were you been falsely accused of a crime and now you are facing criminal charges as an innocent victim? Contact the Law Office of David E. Lewis at 317-636-7514 to speak with a skilled and aggressive criminal defense attorney in Indianapolis, Indiana. We can meet over the phone, via online video conference, or in person at our office.

Criminal Attorney David E Lewis Indianapolis Indiana 317-636-7514

The Indiana Rule For Domestic Violence

Posted on March 22, 2019 by admin

Domestic violence calls happen every minute, all across the nation. When these calls occur, the judicial process that takes place afterwards depends on several factors, namely the state. Domestic violence laws vary from state to state, but here in Indiana, the rules are clear.

Continue reading to learn what you need to know about domestic violence disputes, criminal charges, and penalties in Indiana.

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Who’s At-Fault?

When it comes to domestic violence and criminal law, many couples want to know who is labeled as the offender. Most people assume that the man is automatically arrested and detained in custody in the case of a domestic violence call. However, this is not always true. You see, it is usually the actual aggressor (the ones who makes the assault) who is arrested and taken to jail for a domestic violence charge, which can be either a woman or a man. See our blog, “Who Gets Arrested in a Domestic Violence Police Call?” to learn details about these situations.

Types of Domestic Violence:

▸ Assault And Battery
▸ Physical Abuse
▸ Sexual Abuse
▸ Mental Abuse
▸ Emotional Abuse
▸ Child Abuse
▸ Child Molestation
▸ Sex Crimes

Here is what you need to know about domestic violence laws, disputes, charges, penalties, and more:

Statute:

Indiana Code 35-42-2-1.3 (Domestic Battery)

Under Indiana law, domestic battery is founded when someone knowingly or intentionally a) touches a family or household member in a rude or angry way; or b) places bodily fluid or waste on a family or household member in a rude or angry way.

Criminal Charges:

A suspect can be charged with either a misdemeanor or felony upon being arrested for domestic violence. Domestic violence charges range from Class A misdemeanors to Level 2 felonies; it all depends on the suspect’s criminal history, severity of the victim’s injuries, applicable enhancements, and several other mitigating factors.

▷ Misdemeanor Penalties in Indiana

▷ Felony Penalties in Indiana

▷ What You Need to Know About Indiana Protective Orders

Where to Find Trusted Indiana Criminal Defense

David E. Lewis Criminal Defense Attorney — David E. Lewis Attorney at Law 317-636-7514

Call Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation to discuss the best course of action for your domestic violence criminal charges with a seasoned Indianapolis criminal defense attorney you can trust. We work around the clock to ensure your rights are protected and your freedoms are preserved. You can avoid the maximum penalties for your charges with our aggressive legal representation!