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  1. #1
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    Mar 2008
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    Default How Much Jail Time For Domestic Violence Charge?

    Warrant out for my spouse .....How much jail time for domestic violence charge if

    Turned self in
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    In Indiana

  2. #2

    Default Re: How Much Jail Time For Domestic Violence Charge?

    It will depend on if they charge it as a misdemeanor or felony.

    For a Class A misdemeanor:

    IC 35-50-3-2 Sec. 2. A person who commits a Class A misdemeanor shall be imprisoned for a fixed term of not more than one (1) year; in addition, he may be fined not more than five thousand dollars ($5,000).

    For a Class D felony:


    IC 35-50-2-7 Sec. 7. (a) A person who commits a Class D felony shall be imprisoned for a fixed term of between six (6) months and three (3) years, with the advisory sentence being one and one-half (1 1/2) years. In addition, the person may be fined not more than ten thousand dollars ($10,000).
    (b) Notwithstanding subsection (a), if a person has committed a Class D felony, the court may enter judgment of conviction of a Class A misdemeanor and sentence accordingly. However, the court shall enter a judgment of conviction of a Class D felony if:
    (1) the court finds that:
    (A) the person has committed a prior, unrelated felony for which judgment was entered as a conviction of a Class A misdemeanor; and
    (B) the prior felony was committed less than three (3) years before the second felony was committed;
    (2) the offense is domestic battery as a Class D felony under IC 35-42-2-1.3; or
    (3) the offense is possession of child pornography (IC 35-42-4-4(c)).


    IC 35-42-2-1.3
    Domestic battery

    Sec. 1.3. (a) A person who knowingly or intentionally touches an individual who:
    (1) is or was a spouse of the other person;
    (2) is or was living as if a spouse of the other person as provided in subsection (c); or
    (3) has a child in common with the other person;
    in a rude, insolent, or angry manner that results in bodily injury to
    the person described in subdivision (1), (2), or (3) commits domestic battery, a Class A misdemeanor.

    (b) However, the offense under subsection (a) is a Class D felony if the person who committed the offense:
    (1) has a previous, unrelated conviction:
    (A) under this section; 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 described in this section; or
    (2) committed the offense 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.
    (c) In considering whether a person is or was living as a spouse of another individual in subsection (a)(2), the court shall review the following:
    (1) the duration of the relationship;
    (2) the frequency of contact;
    (3) the financial interdependence;
    (4) whether the two (2) individuals are raising children together;
    (5) whether the two (2) individuals have engaged in tasks directed toward maintaining a common household; and
    (6) other factors the court considers relevant.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

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