Domestic Violence Charges in Indiana

Indiana has a separate crime of domestic battery: knowingly or intentionally touching a family or household member in a rude, insolent or angry manner (or placing bodily fluid or waste on them in that manner), a Class A misdemeanor (up to one year and a $5,000 fine). It is a Level 6 felony (6 months to 2.5 years) if, among other things, the offender has a previous unrelated battery or strangulation conviction; the offender is at least 18 and commits it in the physical presence of a child under 16, knowing the child was present and might see or hear it; it causes moderate bodily injury; or it violates a protection order or no-contact order. It is a Level 5 felony (1 to 6 years) if, for example, it causes serious bodily injury or is committed with a deadly weapon. Separately, strangulation (in a rude, angry or insolent manner applying pressure to another person's throat, neck or torso, or obstructing their nose or mouth, in a way that impedes normal breathing or blood circulation) is a Level 6 felony regardless of the relationship, and a Level 5 felony against a victim known to be pregnant or with a prior strangulation conviction.

Indiana's rule on court-appointed lawyers: Before public defense counsel is assigned, the court must find the defendant indigent; the judicial officer then assigns counsel. If the court finds the person is able to pay part of the cost of representation, it shall order a fee of $200 for a felony action or $100 for a misdemeanor action; other statutes allow courts to order reimbursement of reasonable attorney's fees and costs at any stage after determining ability to pay. Costs must be reasonable and not more than the cost of representation, and a court may not order an indigent defendant to pay based on possible future earnings. Ind. Code §§ 35-33-7-6(c), 33-40-3-6, 33-37-2-3; Davis v. State, 843 N.E.2d 65 (Ind. Ct. App. 2006)

Lawyers set their own fees, and Indiana has rules on how they may charge. See hiring a criminal defense lawyer in Indiana for fee rules, how to check a lawyer's license and free help.

How release before trial works in Indiana: Under Indiana Criminal Rule 2.6 (effective January 1, 2024), a court should release an arrestee who does not present a substantial risk of flight or danger to self or others without money bail or surety, subject to conditions the court sets. This does not apply to arrestees charged with murder or treason, on pretrial release for an unrelated incident, or on probation, parole or other community supervision. In assessing risk, the court should use the results of an evidence-based risk assessment approved by the Office of Judicial Administration plus other relevant information, but need not run an assessment first if that would delay release. If money bail is required, the court sets the amount and decides whether a surety bond and/or cash deposit may satisfy it, and may accept a partial cash deposit. Cash bail deposits may be retained to pay fines, costs, fees, restitution and publicly paid costs of representation. Ind. Crim. Rule 2.6(A)-(C); Ind. Code § 35-33-8-3.2(a) What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Indiana expungement and record sealing rules.