Understanding the Criminal Justice System
Habitual offender status in Indiana means that a person with two or more “prior unrelated” felony convictions who is then convicted of a new felony will face a mandatory “additional fixed term” in prison on top of the sentence that the defendant must serve as a result of the new felony conviction.
A domestic battery conviction can be anywhere from a misdemeanor all the way up to a level 2 felony, depending on the circumstances. As a result, it is possible for a felony domestic battery conviction to trigger habitual offender status. Only a felony conviction can trigger the enhanced habitual offender sentence, and then only if the defendant has at least two or three prior unrelated felony convictions, depending on how serious the felony convictions are.
This is why it is so important to mount a strong defense any time you have been accused of domestic battery – but particularly if you have two or more prior felony convictions. In those situations, the additional mandatory habitual offender sentence can be significant. If the most recent felony conviction is for murder or for a level 1 through 4 felony, it adds between 8 and 20 years to the underlying sentence. If the most recent felony conviction is for a level 5 or 6 felony, the additional sentence is between 3 and 6 years.
The experienced criminal defense attorneys at Razumich & Associates understand how serious it is if you are facing a felony domestic battery charge – whether or not you have any prior felony convictions. Even a single felony conviction can result in you spending years behind bars, and finding yourself accused of another felony after prior felony convictions means you may be facing many more years of mandatory prison time if you’re convicted of a felony again.
Our attorneys know the laws, rules, and procedures that apply in these kinds of criminal cases. We are here to help you understand the charges you face and the potential consequences of a conviction. More importantly, we are here to protect your rights and fight to make sure that you have the strongest defense possible to the charges you’re facing.
Contact Razumich & Associates to find out more about our experienced criminal defense practice and how we can help you with the charges you are facing. We can be reached at 317-983-5333 or by filling out our online contact form. You have a right to a strong defense – and we know how to deliver one.
