Indiana criminal charge
Domestic battery in Indiana
Domestic battery is a criminal offense under Indiana law, defined by Ind. Code § 35-42-2-1.3. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Ind. Code § 35-42-2-1.3.
What is the penalty for domestic battery in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Basic domestic battery — Knowing or intentional rude, insolent, or angry touching or placing of bodily fluid/waste on a family or household member, absent aggravating factors.) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Basic domestic battery — Knowing or intentional rude, insolent, or angry touching or placing of bodily fluid/waste on a family or household member, absent aggravating factors.) | discretionary | Ind. Code § 35-50-3-2 |
| Jail / prison | 6 months to 30 months (Domestic battery — prior conviction/child presence/moderate injury/vulnerable victim/protective order — Offense involves a prior battery or strangulation conviction, commission in presence of a young child, moderate bodily injury, victim under 14 or disabled or an endangered adult, or violation of a protective/no contact order.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Domestic battery — prior conviction/child presence/moderate injury/vulnerable victim/protective order — Offense involves a prior battery or strangulation conviction, commission in presence of a young child, moderate bodily injury, victim under 14 or disabled or an endangered adult, or violation of a protective/no contact order.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 1 years to 6 years (Domestic battery — serious bodily injury or deadly weapon or repeat offense against same victim or injury to vulnerable victim — Offense results in serious bodily injury, is committed with a deadly weapon, results in bodily injury to a known pregnant victim, follows a prior battery/strangulation conviction against the same victim, or results in bodily injury to a child under 14, disabled person, or endangered adult under specified caretaker/age conditions.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Domestic battery — serious bodily injury or deadly weapon or repeat offense against same victim or injury to vulnerable victim — Offense results in serious bodily injury, is committed with a deadly weapon, results in bodily injury to a known pregnant victim, follows a prior battery/strangulation conviction against the same victim, or results in bodily injury to a child under 14, disabled person, or endangered adult under specified caretaker/age conditions.) | discretionary | Ind. Code § 35-50-2-6 |
| Jail / prison | 2 years to 12 years (Domestic battery — serious bodily injury to endangered adult — Offense results in serious bodily injury to a family or household member who is an endangered adult.; fixed term; advisory sentence 6 years) | presumptive | Ind. Code § 35-50-2-5.5 |
| Fine | up to $10,000 (Domestic battery — serious bodily injury to endangered adult — Offense results in serious bodily injury to a family or household member who is an endangered adult.) | discretionary | Ind. Code § 35-50-2-5.5 |
| Jail / prison | 3 years to 16 years (Domestic battery — serious bodily injury to child under 14 by adult — Offense results in serious bodily injury to a family or household member under 14 years of age when committed by a person at least 18 years old.; fixed term; advisory sentence 9 years) | presumptive | Ind. Code § 35-50-2-5 |
| Fine | up to $10,000 (Domestic battery — serious bodily injury to child under 14 by adult — Offense results in serious bodily injury to a family or household member under 14 years of age when committed by a person at least 18 years old.) | discretionary | Ind. Code § 35-50-2-5 |
| Jail / prison | 10 years to 30 years (Domestic battery — resulting in death of child or endangered adult — Offense results in the death of a family or household member under 14 (committed by an adult) or an endangered adult.; fixed term; advisory sentence 17 1/2 years) | presumptive | Ind. Code § 35-50-2-4.5 |
| Fine | up to $10,000 (Domestic battery — resulting in death of child or endangered adult — Offense results in the death of a family or household member under 14 (committed by an adult) or an endangered adult.) | discretionary | Ind. Code § 35-50-2-4.5 |
Applies to current.
How is domestic battery classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Basic domestic battery | Class A Misdemeanor | Knowing or intentional rude, insolent, or angry touching or placing of bodily fluid/waste on a family or household member, absent aggravating factors. | Ind. Code § 35-42-2-1.3(a) |
| Domestic battery — prior conviction/child presence/moderate injury/vulnerable victim/protective order | Level 6 Felony | Offense involves a prior battery or strangulation conviction, commission in presence of a young child, moderate bodily injury, victim under 14 or disabled or an endangered adult, or violation of a protective/no contact order. | Ind. Code § 35-42-2-1.3(b) |
| Domestic battery — serious bodily injury or deadly weapon or repeat offense against same victim or injury to vulnerable victim | Level 5 Felony | Offense results in serious bodily injury, is committed with a deadly weapon, results in bodily injury to a known pregnant victim, follows a prior battery/strangulation conviction against the same victim, or results in bodily injury to a child under 14, disabled person, or endangered adult under specified caretaker/age conditions. | Ind. Code § 35-42-2-1.3(c) |
| Domestic battery — serious bodily injury to endangered adult | Level 4 Felony | Offense results in serious bodily injury to a family or household member who is an endangered adult. | Ind. Code § 35-42-2-1.3(d) |
| Domestic battery — serious bodily injury to child under 14 by adult | Level 3 Felony | Offense results in serious bodily injury to a family or household member under 14 years of age when committed by a person at least 18 years old. | Ind. Code § 35-42-2-1.3(e) |
| Domestic battery — resulting in death of child or endangered adult | Level 2 Felony | Offense results in the death of a family or household member under 14 (committed by an adult) or an endangered adult. | Ind. Code § 35-42-2-1.3(f) |
Common questions about domestic battery in Indiana
Is domestic battery a felony or a misdemeanor in Indiana?
It depends on the circumstances: domestic battery ranges from a Class A Misdemeanor to a Level 2 Felony in Indiana under Ind. Code § 35-42-2-1.3.
Basic domestic battery: Class A Misdemeanor (Ind. Code § 35-42-2-1.3(a)) · Domestic battery — prior conviction/child presence/moderate injury/vulnerable victim/protective order: Level 6 Felony (Ind. Code § 35-42-2-1.3(b)) · Domestic battery — serious bodily injury or deadly weapon or repeat offense against same victim or injury to vulnerable victim: Level 5 Felony (Ind. Code § 35-42-2-1.3(c)) · Domestic battery — serious bodily injury to endangered adult: Level 4 Felony (Ind. Code § 35-42-2-1.3(d)) · Domestic battery — serious bodily injury to child under 14 by adult: Level 3 Felony (Ind. Code § 35-42-2-1.3(e)) · Domestic battery — resulting in death of child or endangered adult: Level 2 Felony (Ind. Code § 35-42-2-1.3(f))
What are the penalties for domestic battery in Indiana?
Penalties for domestic battery in Indiana depend on how it is classified — from a Class A Misdemeanor up to a Level 2 Felony — with the ranges set by Ind. Code § 35-50-3-2, Ind. Code § 35-50-2-7, Ind. Code § 35-50-2-6, Ind. Code § 35-50-2-5.5, Ind. Code § 35-50-2-5 and Ind. Code § 35-50-2-4.5; the full table of ranges by variant is published on this page.
Which Indiana statute covers domestic battery?
Domestic battery is governed by Ind. Code § 35-42-2-1.3 (Domestic battery).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.