In many cases, prosecutors cannot use a prior conviction to imply that a defendant tends to commit certain crimes. Each case must stand on its own merits, and prior conviction may prejudice a jury and increase the likelihood of a conviction.
However, Indiana’s laws are dynamic, and statutes specifically address battery cases.
Indiana Law Allows Prosecutors to Use a Prior Battery Conviction Under Specific Circumstances
IN Code § 35-37-4-14 explains that the prosecutor may admit evidence of a prior, unrelated battery or attempted battery conviction (or, in some cases, a charge) if the evidence speaks to:
A prior battery charge or conviction could be admissible in battery, domestic battery, aggravated battery, murder, or voluntary manslaughter cases.
The Prosecutor Must Prove the Admissibility of the Prior Conviction
A prosecutor can only admit a prior conviction if that conviction came within five years of the current offense for which the prosecutor is seeking a conviction. Even then, the prosecutor can only use the prior conviction as evidence once:
A capable criminal defense lawyer will fight the admission of a prior battery conviction at every step. We may file counter-motions, wage oral arguments, and take other steps to fight the prejudicial entry of a previous conviction into your case.
Call Razumich & Associates Today for Lawyers Ready to Fight for You
The effects of a criminal conviction span well beyond confinement or fines. Your reputation, family life, and employability are at stake. You deserve a law firm that fights as if their own family member was facing a battery conviction—that’s Razumich & Associates.
Call Razumich & Associates today at 317-449-8661 or contact us online.