Domestic battery is one of the most common criminal charges filed in Indiana. There are several misnomers regarding the crime of domestic battery, and there are several ways in which the crime can be enhanced. This blog will focus on what the crime of domestic battery is, and the various ways in which that the state might try to enhance it.
What is Domestic Battery?
The crime of domestic battery is defined by I.C. 35-42-2-1.3. The statute states that 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.
There are a couple of important clarifications to note regarding this statute. First, there is no pain or injury required for the state to prove this crime. A simple rude, insolent, or angry touching (i.e. a shove that causes no pain) is enough to prove this crime per the statute. Second, the definition of a “family or household member” is greatly expanded beyond what one would normally think. For purposes of this statute, the alleged victim doesn’t need to actually be either a family or household member.
I.C. 35-31.5-2-128(a) defines “family or household member.” The statutory definition of family or household member includes:
(1) A current or former spouse of the defendant.
(2) Someone that the defendant is dating OR has dated.
(3) Someone that the defendant is presently engaged in a sexual relationship with OR was previously engaged in a sexual relationship with.
(4) Someone that is related by blood OR adoption to the defendant.
(5) Someone that is related by marriage to the defendant.
(6) A current or former guardian of the defendant.
(7) A current or former ward of the defendant.
(8) A current or former custodian of the defendant.
(9) A current or former foster parent of the defendant.
(10) Someone that has a child in common with the defendant.
Clearly, the definition of a “family or household member” for purposes of the domestic battery statute extends far beyond the surface meaning. Understanding the scope of domestic battery is important for two reasons. First, a domestic battery conviction carries additional ramifications that ordinary battery charges do not. For example, a domestic battery conviction will carry a domestic determination finding, which means that the defendant is prohibited from possessing a firearm for at least five years. Second, there are several ways in which misdemeanor domestic battery convictions can be enhanced.
A domestic battery allegation can be enhanced to a level 6 felony under the following circumstances:
- The defendant has a previous, UNRELATED conviction for domestic battery OR strangulation.
- The defendant is at least 18 years old and the domestic battery occurs in the presence of a child less than 16 years old.
- The offense results in moderate bodily injury to the family or household member.
- The defendant is 18 years old and the victim is a family or household member under 14 years old.
- The offense is committed against a family or household member that has a physical or mental disability.
- The offense is committed against a family or household member that is an endangered adult.
- There is a protective order in place against the defendant by the family or household member.
- There is a no-contact order in place between the defendant and the family or household member.
A domestic battery allegation can be enhanced to a level 5 felony in the following circumstances:
- The offense results in serious bodily injury to the family or household member.
- The offense is committed with a deadly weapon against a family or household member.
- The offense results in bodily injury to pregnant family or household member IF the defendant knew of the pregnancy.
- The defendant has a previous domestic battery against the SAME family or household member.
- The offense results in bodily injury to:
- A family or household member less than 14 years of age.
- A family or household member that has a physical or mental disability.
- A family or household member that is an endangered adult.
A domestic battery allegation can be enhanced to a level 4 felony if it results in serious bodily injury to a family or household member that is less than 14 years of age.
A domestic battery allegation can be enhanced to a level 3 felony if it results in serious bodily injury to a family or household member that is less than 14 years old AND the defendant is at least 18 years old.
Finally, a domestic battery allegation can be enhanced to a level 2 felony if it results in the death of a family or household member who is either an endangered adult or less than 14 years old, and the defendant is at least 18 years old.
The scope of domestic battery allegations in Indiana is clearly wide ranging. It is extremely important to have an experienced attorney on your side to navigate the complicated landscape pertaining to these charges. Call the attorneys at Banks & Brower anytime at (317) 870-0019 or email us at [email protected] for a free consultation. For every hour, there’s Banks & Brower.
