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Most Indiana domestic violence charges can be charged as either a felony or a misdemeanor. A defendant charged with a felony could serve a significant term in prison, whereas a defendant charged with a misdemeanor may serve only a short jail term or be required to pay a fine, attend counseling, or be put on probation. If you are charged, you need an lawyer to coordinate a strong defense, regardless of the charge level.

If you have questions about Indiana Felony Domestic Violence, contact our Indianapolis Felony Domestic Violence lawyers now!

Misdemeanor or Felony?

Usually, whether a crime is a felony or a misdemeanor is determined by the seriousness of the case and the relevant state laws. In many jurisdictions, acts that result in serious injuries are charged as felonies, and no injury or slight injury cases are charged as misdemeanors. In some jurisdictions, if a domestic violence battery did not involve a weapon and the injury was not serious, the crime is classified as a misdemeanor; a battery with a weapon or an act resulting in a serious injury is a felony. A prosecutor may also consider prior violent acts by the charged person.

Federal Domestic Violence Laws

In 1994, Congress passed the Violence against Women Act, which (after additions in 1996) recognizes that domestic violence is a national crime and that federal laws can help overburdened state and local criminal justice systems. In 1994 and 1996, Congress also passed changes to the Gun Control Act making it a federal crime in certain situations for domestic abusers to possess guns. The majority of domestic violence cases are still handled by state and local authorities, but, in some cases, federal laws apply.

It is a felony under the Violence against Women Act to cross state lines to injure, stalk, or harass an intimate partner, or to violate a qualifying protection order. The federal Gun Control Act makes it illegal to possess a firearm or ammunition while subject to a qualifying protection order or after conviction of certain, qualifying misdemeanor domestic violence crimes. Pursuant to the Violence against Women Act, the court must also order restitution to the victim, including costs for medical or psychological care, physical therapy, transportation, temporary housing, child care expenses, lost income, attorney's fees, and costs incurred in obtaining a civil protection order. The court may also order restitution in a Gun Control Act case.

Possession of a firearm while subject to a protection order and an interstate violation of a protection order, are also federal crimes if the order qualifies. Generally, a protection order will qualify under federal law the person against whom the order was entered had reasonable notice and an opportunity to be heard and if the order forbids future threats of violence.

If you or a loved one is charged with Felony Domestic Violence, contact a Indianapolis Felony Domestic Violence lawyers now!

Conclusion

If charged with a felony, a defendant could serve a significant term in state prison, whereas if charged with a misdemeanor, the punishment is typically no more than a year or less in the county jail, probation or counseling. Many cases of this type can be successfully defended or dismissed, if you immediately hire an expert legal team to investigate and interview potentially important defense witnesses. All of the complexities of the laws regarding felony domestic violence actions cannot be fully described here. You should consult with an experienced criminal defense firm about the particular facts of your case if you are facing felony domestic violence charges.

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