Domestic Violence

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Domestic Battery Attorney

If you have been charged with a domestic violence assault, then it is important that you work with an attorney that has experience in domestic violence cases. Domestic Battery Attorney Greg Spencer in Indianapolis, Indiana has successfully defended domestic battery cases and understands the specificity that this charge brings to the accused.

When you have been charged with domestic violence, this is a specific assault charge that can be in addition to a simple assault and battery. The penalties may be harsher as your victim is in a position of trust and confidence with you. When prosecutors see that you have been charged with domestic violence along with assault and battery, they are very likely to push for harsher sentences.

If you have been charged with a felony or a misdeamenor domestic battery, the victim you have allegedly abused will be allowed to file for a restraining order against you. If the victim is allowed the restraining order, this order will become part of your permanent record.  It’s important to fight domestic violence charges, because of the potential for harsher consequences and the restraining order.

It’s important that when you meet with a Domestic Battery Attorney Greg Spencer,  you are honest about the incident you have been charged with. From the start of the event, until the time the police arrived, the more details you are able to share with your attorney, the better he will be able to assess your case. The best defense requires that you are upfront and honest with your attorney, and it won’t help your case if to try to hide any of the details.

As a person charged with domestic violence assault, it’s time to contact domestic battery attorney Greg Spencer in Indianapolis, IN for a free initial consultation.

 

Click the link to access Domestic Violence Resources in Indianapolis IN

Criminal defense attorney for domestic battery chargers

Read more about children as witnesses of domestic battery cases Effects of Domestic Violence on Children

HOW DOES GREG SPENCER LAW DEFEND DOMESTIC BATTERY CASES? 

  • Analyze the evidence against you
  • Research the background of the alleged victim- are there reasons the story could have been fabricated?
  • Perform depositions of the State’s witnesses
  • Pursue a dismissal or a diversion when possible
  • Jury trial preparation

 

WHAT IS DOMESTIC BATTERY? 

35-42-2-1.3. Domestic battery

 

  • (a)  Except as provided in subsections (b) through (f), a person who knowingly or intentionally:
    • (1)  touches a family or household member in a rude, insolent, or angry manner; or
    • (2)  in a rude, insolent, or angry manner places any bodily fluid or waste on a family or household member;
    • commits domestic battery, a Class A misdemeanor.
  • (b)   The offense under subsection (a)(1) or (a)(2) is a Level 6 felony if one (1) or more of the following apply:
    • (1)  The person who committed the offense has a previous, unrelated conviction:
      • (A)  for a battery offense included in this chapter; or
      • (B)  in any other jurisdiction, including a military court, in which the elements of the crime for which the conviction was entered are substantially similar to the elements of a battery offense included in this chapter.
    • (2)  The person who committed the offense is at least eighteen (18) years of age and committed the offense against a family or household member in the physical presence of a child less than sixteen (16) years of age, knowing that the child was present and might be able to see or hear the offense.
    • (3)  The offense results in moderate bodily injury to a family or household member.
    • (4)  The offense is committed against a family or household member who is less than fourteen (14) years of age and is committed by a person at least eighteen (18) years of age.
    • (5)  The offense is committed against a family or household member of any age who has a mental or physical disability and is committed by a person having the care of the family or household member with the mental or physical disability, whether the care is assumed voluntarily or because of a legal obligation.
    • (6)  The offense is committed against a family or household member who is an endangered adult (as defined in IC 12-10-3-2).
  • (c)  The offense described in subsection (a)(1) or (a)(2) is a Level 5 felony if one (1) or more of the following apply:
    • (1)  The offense results in serious bodily injury to a family or household member.
    • (2)  The offense is committed with a deadly weapon against a family or household member.
    • (3)  The offense results in bodily injury to a pregnant family or household member if the person knew of the pregnancy.
    • (4)  The person has a previous conviction for a battery offense:
      • (A)  included in this chapter against the same family or household member; or
      • (B)  against the same family or household member in any other jurisdiction, including a military court, in which the elements of the crime for which the conviction was entered are substantially similar to the elements of a battery offense included in this chapter.
    • (5)  The offense results in bodily injury to one (1) or more of the following:
      • (A)  A family or household member who is less than fourteen (14) years of age if the offense is committed by a person at least eighteen (18) years of age.
      • (B)  A family or household member who has a mental or physical disability if the offense is committed by an individual having care of the family or household member with the disability, regardless of whether the care is assumed voluntarily or because of a legal obligation.
      • (C)  A family or household member who is an endangered adult (as defined in IC 12-10-3-2).
  • (d)  The offense described in subsection (a)(1) or (a)(2) is a Level 4 felony if it results in serious bodily injury to a family or household member who is an endangered adult (as defined in IC 12-10-3-2).
  • (e)  The offense described in subsection (a)(1) or (a)(2) is a Level 3 felony if it results in serious bodily injury to a family or household member who is less than fourteen (14) years of age if the offense is committed by a person at least eighteen (18) years of age.
  • (f)  The offense described in subsection (a)(1) or (a)(2) is a Level 2 felony if it results in the death of one (1) or more of the following:
    • (1)  A family or household member who is less than fourteen (14) years of age if the offense is committed by a person at least eighteen (18) years of age.
    • (2)  A family or household member who is an endangered adult (as defined in IC 12-10-3-2).

Ind. Code Ann. § 35-42-2-1.3 (Burns, Lexis Advance through the 2016 Second Regular Session of the 119th General Assembly, P.L. 1 � 215 (end.))