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  • Writer's pictureBrandon Hicks

Understanding Indiana Domestic Battery Law 35-42-2-1.3: A Guide by B. Hicks Law


Domestic violence is a serious issue, and understanding the legal implications is crucial. At B. Hicks Law, we are committed to providing our clients with expert guidance and a strong defense when they are facing charges related to domestic battery. In this blog post, we will dive into Indiana's domestic battery laws, specifically IC 35-42-2-1.3.


What is Domestic Battery?


IC 35-42-2-1.3 defines domestic battery as a Class A misdemeanor when a person knowingly or intentionally:

  1. Touches a family or household member in a rude, insolent, or angry manner.

  2. In a rude, insolent, or angry manner places any bodily fluid or waste on a family or household member.

However, the severity of the charges can escalate if certain circumstances apply.


Elevated Charges


Level 6 Felony

The offense becomes a Level 6 felony if one or more of the following conditions are met:

  1. The offender has a previous conviction for a battery offense or strangulation offense.

  2. The offense was committed in the presence of a child under 16 years of age.

  3. The offense results in moderate bodily injury to the victim.

  4. The victim is less than 14 years old and the offender is at least 18 years of age.

  5. The victim has a mental or physical disability, and the offender is responsible for their care.

  6. The victim is an endangered adult.

Level 5 Felony


Domestic battery becomes a Level 5 felony if any of these conditions are met:

  1. The offense results in serious bodily injury to the victim.

  2. A deadly weapon is used against the victim.

  3. The victim is pregnant, and the offender was aware of the pregnancy.

  4. The offender has a prior conviction for a battery offense against the same victim.

  5. The offense results in bodily injury to a child under 14 years of age, a victim with a mental or physical disability, or an endangered adult.

Level 4, 3, and 2 Felonies


The charges become more severe as the consequences worsen:

  • A Level 4 felony is applied when serious bodily injury occurs to an endangered adult.

  • A Level 3 felony applies when serious bodily injury occurs to a child under 14 years of age.

  • A Level 2 felony is charged if the offense results in the death of a child under 14 years of age or an endangered adult.

The Importance of Legal Counsel


Facing domestic battery charges can have life-altering consequences. Understanding the nuances of Indiana's domestic battery laws and the potential consequences is critical. It is equally important to have experienced legal representation to protect your rights and navigate the complex legal system.

At B. Hicks Law, our experienced criminal defense attorneys are well-versed in Indiana's domestic battery laws and have a track record of successfully defending our clients. If you or someone you know is facing domestic battery charges, it's essential to consult with a skilled attorney who can provide expert guidance and build a robust defense strategy.

Contact B. Hicks Law today to schedule a consultation. We are here to provide you with the legal expertise and support you need during this challenging time. Don't face domestic battery charges alone – let us help you secure the best possible outcome for your case.

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