Understanding the Criminal Justice System
Under certain circumstances, someone charged with a crime of violence in Indiana can defend themselves by attempting to prove that the victim previously abused them in the case. Called the “effects of battery,” it has a detailed definition under Indiana law. In particular,
– The defendant suffered “repeated physical or sexual abuse” inflicted by another person;
– That other person was the defendant’s spouse, parent, guardian, custodian, or cohabitant;
– That other person is also the victim of the alleged crime the defendant is being charged with.
In any crime where the defendant is charged with the use of force against someone else, the defendant can raise the issue that at the time they allegedly committed the crime, they were “suffering from the effects of battery” committed by the person “who is the victim of the alleged crime.” The defendant may either:
– Claim that they were not responsible as a result of “mental disease or defect” so that they were “unable to appreciate the wrongfulness of their conduct” when they allegedly committed the crime;
– Claim that they used reasonable force under the circumstances.
Neither of these are easy defenses to make and may require the use of expert testimony as support.
After a defendant has been convicted of a crime involving the use of force, if the convicted defendant can show that they suffered from the effects of battery as a result of the victim’s past conduct, the court may consider that as “mitigating circumstances” or as “favoring suspending the sentence and imposing probation.” There must be evidence showing that the convicted defendant actually suffered at the hands of the victim, that it was a “course of conduct” and not just an isolated incident.
If you’ve been accused of harming or attempting to harm someone close to you who has repeatedly abused you in the past, Razumich & Associates will vigorously defend you against the charges. We understand how difficult and complicated it can be to be part of an abusive relationship, and our experienced attorneys know how to vigorously defend clients accused of violent crimes. We’ve helped people all across Indiana with their criminal cases, and we’re ready to help you with yours as well. Call Razumich & Associates today to speak with one of our experienced attorneys confidentially about your case. We can be reached at 317-449-8661, or through our online form. We know it can be overwhelming to try to defend yourself in a criminal case where the victim is someone who was once close to you. Let us help you carry that load and assert a strong and effective defense for you.
