Josiah Swinney is a distinguished criminal attorney in Indiana.

Josiah is renowned for his exceptional litigation skills and unwavering dedication to defending the rights of his clients. With a career marked by a reputation for excellence, Josiah has become a formidable trial attorney. Call Josiah directly at 317-753-7134 for a free consultation about any criminal matter in the State of Indiana, in the entire State of Indiana, including Indianapolis, Marion County, Hamilton County, Hendricks County, Boone County, Monroe County, Madison County, Johnson County, Hancock County, Shelby County, Greenfield, Bloomington, Noblesville, Carmel, Fishers, Lebanon, Franklin, Shelbyville, Danville, and Plainfield.

When facing criminal charges, you need a defense attorney who is not only experienced but who is also fearless in the courtroom. Unlike many attorneys who often seek to push client’s in to plea agreements, Josiah is dedicated to fighting for his clients’ rights through rigorous litigation.

With a profound understanding of jury trials, court trials, suppression hearings, and Constitutional rights, Josiah has a proven track record of securing favorable outcomes for his clients in Indiana. Whether presenting a case before a jury or arguing before a Judge, Josiah meticulously prepares every detail to ensure the best possible defense. His ability to connect with jurors and present compelling arguments has earned him a reputation as a formidable litigator. If you are looking for an Indiana criminal lawyer who is prepared to fight for your liberty, call Josiah. Click on any of the following links for more information:

Indianapolis and Indiana Domestic Violence Attorney

Facing a domestic violence charge in Indianapolis or anywhere in Indiana can be a daunting and life-altering experience. Whether you’re dealing with allegations of domestic battery, criminal confinement, strangulation, or invasion of privacy, having a skilled and dedicated criminal defense attorney by your side is critical. Josiah Swinney, an experienced Indianapolis & Indiana domestic violence attorney, is committed to providing aggressive and compassionate legal representation to individuals accused of domestic violence and related crimes. With a deep understanding of Indiana’s criminal laws and a proven track record of defending clients, Josiah Swinney is the advocate you need to protect your rights, reputation, and future.

Domestic violence cases are often complex, emotionally charged, and heavily scrutinized by prosecutors. These cases can carry severe consequences, including jail time, fines, loss of firearm rights, and long-term impacts on your personal and professional life. Josiah Swinney brings a strategic and client-focused approach to every case, ensuring that your side of the story is heard and that every possible defense is explored. Whether you’re facing a misdemeanor or felony charge, Josiah Swinney is prepared to fight for the best possible outcome in your case.

Why Choose Josiah Swinney for Your Criminal Defense

When it comes to defending against domestic violence charges, experience, dedication, and a thorough understanding of Indiana’s criminal justice system are essential. Josiah Swinney stands out as a premier criminal defense attorney in Indianapolis and throughout Indiana for several reasons:

• Extensive Knowledge of Indiana Criminal Law: Josiah Swinney has an in-depth understanding of Indiana’s criminal statutes, including those related to domestic battery, strangulation, and criminal confinement. His expertise allows him to identify weaknesses in the prosecution’s case and build a robust defense tailored to your situation.
• Proven Track Record: With years of experience defending clients against domestic violence and other criminal charges, Josiah Swinney has successfully helped clients achieve favorable outcomes, including case dismissals, reduced charges, and acquittals.
• Personalized Legal Strategies: Every case is unique, and Josiah Swinney takes the time to understand the specifics of your situation. He works closely with clients to develop customized defense strategies that address the nuances of their cases.
• Compassionate Representation: Domestic violence allegations can be deeply personal and emotionally challenging. Josiah Swinney approaches every case with empathy, ensuring that clients feel supported and understood throughout the legal process.
• Aggressive Advocacy: Josiah Swinney is a fierce advocate in the courtroom, challenging evidence, questioning witnesses, and fighting tirelessly to protect your rights and freedom.

Choosing the right attorney can make all the difference in the outcome of your case. Josiah Swinney’s commitment to excellence and his passion for defending the accused make him the ideal choice for anyone facing domestic violence or criminal charges in Indianapolis and Indiana.

What is Domestic Battery in Indiana

In Indiana, domestic battery is defined under Indiana Code 35-42-2-1.3. At its core, domestic battery involves:

1. Touching or placing bodily fluid on
2. A family or household member
3. In a rude, insolent, or angry manner

This offense is classified as a Class A Misdemeanor, which carries penalties of up to one year in jail and fines of up to $5,000. However, depending on the circumstances, domestic battery can be elevated to a felony, resulting in more severe consequences.

Domestic battery charges often arise in situations involving heated arguments, misunderstandings, or false allegations. Even a minor incident, such as a push or shove, can lead to an arrest if it meets the legal criteria for domestic battery. Because these cases often rely on the testimony of the alleged victim, having an experienced attorney like Josiah Swinney is crucial to challenging the prosecution’s evidence and protecting your rights.

Does the Prosecutor Need to Prove Injury for a Domestic Battery Charge

One common misconception about domestic battery charges is that the prosecutor must prove that the alleged victim suffered a physical injury. In Indiana, this is not the case. The prosecutor is not required to demonstrate that an injury occurred to secure a conviction for domestic battery. Instead, they must prove that the defendant touched a family or household member in a rude, insolent, or angry manner.

However, the absence of visible injuries can make the prosecutor’s job more challenging, especially if the alleged victim is uncooperative or recants their statement. In such cases, the prosecution may rely on other evidence, such as police reports, 911 calls, or witness testimony, to build their case. An experienced criminal defense attorney like Josiah Swinney can scrutinize this evidence, identify inconsistencies, and work to weaken the prosecution’s case.

When is Domestic Battery a Felony in Indiana

While domestic battery is typically charged as a Class A Misdemeanor, certain factors can elevate the offense to a felony, resulting in harsher penalties. Below is a non-exhaustive list of circumstances that can enhance a domestic battery charge to a felony:

• Prior Conviction: If the defendant has a prior, unrelated conviction for battery or strangulation, the charge becomes a Level 6 Felony, punishable by up to 2.5 years in prison and fines of up to $10,000.
• Presence of a Child: If the offense is committed by someone at least 18 years old in the presence of a child under 16 who might be able to see or hear the offense, it becomes a Level 6 Felony.
• Moderate Bodily Injury: If the offense results in moderate bodily injury, it is elevated to a Level 6 Felony.
• Victim Under 14: If the offense is committed by someone at least 18 years old against a person under 14, it becomes a Level 6 Felony.
• Serious Bodily Injury: If the offense results in serious bodily injury, it is classified as a Level 5 Felony, punishable by up to 7 years in prison and fines of up to $10,000.

Felony convictions carry significant consequences, including longer prison sentences, higher fines, and lasting impacts on your criminal record. Josiah Swinney has extensive experience defending clients against felony domestic battery charges and can help you navigate these serious allegations.

Other Crimes Related to Domestic Battery

In addition to domestic battery, several other crimes often arise in the context of domestic violence cases. These offenses may be charged alongside or instead of domestic battery, depending on the circumstances. Some of the most common related crimes include:

• Criminal Confinement (I.C. 35-42-3-3): This offense involves knowingly or intentionally confining another person without their consent or substantially interfering with their liberty. Criminal confinement can be a misdemeanor or felony, depending on the severity of the act.
• Strangulation (I.C. 35-42-2-9): Strangulation occurs when a person knowingly or intentionally obstructs another person’s breathing or blood circulation. This is typically a Level 6 Felony but can be elevated to a Level 5 Felony if certain aggravating factors are present.
• Invasion of Privacy (I.C. 35-46 delegated_to: 1-15.1): This offense involves violating a protective order, no-contact order, or restraining order. Invasion of privacy is typically a Class A Misdemeanor but can be enhanced to a Level 6 Felony if the defendant has a prior unrelated conviction for the same offense.

Each of these charges carries its own set of penalties and complexities. Josiah Swinney is well-versed in defending against these related offenses and can help you address all aspects of your case.

Who Qualifies as a Family or Household Member

Under Indiana Code 35-31.5-2-128, a family or household member is broadly defined to include individuals with close personal or legal relationships. The following individuals qualify as family or household members:

• Current or former spouse
• Ex-boyfriend or ex-girlfriend
• Legal guardian, custodian, or ward
• Parent of a shared child (e.g., baby’s mother or father)
• Adopted child, mother, or father
• Individuals related by blood, marriage, or adoption
• Individuals who have dated or engaged in sexual relations

This broad definition means that domestic battery charges can arise in a wide range of relationships, not just between spouses or romantic partners. Understanding who qualifies as a family or household member is critical to determining whether a domestic battery charge is appropriate. Josiah Swinney can analyze the details of your case to ensure that the prosecution’s claims are valid and defensible.

Domestic Battery in the Presence of a Child

One of the most significant factors that can elevate a domestic battery charge to a felony is the presence of a child during the offense. If domestic battery is committed by someone at least 18 years old and in the presence of a child under 16 who might be able to see or hear the offense, the charge becomes a Level 6 Felony.

Notably, the prosecutor does not need to prove that the child actually witnessed the offense. Instead, they only need to show that the child might have seen or heard it. This broad standard was clarified in the case of Boyd v. State, 889 N.E.2d 321 (Ind. Ct. App. 2008). In this case, the defendant smacked his girlfriend while their 15-month-old child was asleep approximately six feet away. The Indiana Court of Appeals ruled that the child’s presence was sufficient to enhance the charge to a felony, even though the child was asleep and did not actually witness the incident.

This ruling underscores the importance of having a knowledgeable attorney like Josiah Swinney, who can challenge the prosecution’s interpretation of “presence” and other elements of the case to protect your rights.

Consequences of a Domestic Battery Conviction

A domestic battery conviction can have far-reaching consequences beyond jail time and fines. If a court determines that you have committed a crime of domestic violence at the time of sentencing, a domestic violence determination will be entered against you under Indiana Code 35-38-1-7.7. This designation can have significant long-term effects, including:

• Loss of Firearm Rights: Under Indiana Code 35-47-2-1.5, a person convicted of domestic battery is prohibited from knowingly or intentionally carrying a handgun. This restriction remains in place unless the individual’s firearm rights are restored under Indiana Code 35-47-4-7.
• Impact on Employment: A domestic violence conviction can appear on background checks, potentially affecting job opportunities, especially in fields that require a clean criminal record.
• Family Law Implications: A domestic violence conviction can impact custody and parenting time disputes, as courts may view the conviction as evidence of a risk to the child’s safety.
• Social Stigma: Domestic violence allegations carry a significant social stigma, which can strain personal relationships and damage your reputation.

Given the serious consequences of a domestic battery conviction, it’s essential to have a skilled attorney like Josiah Swinney to fight for your rights and minimize the impact of these charges on your life.

How Josiah Swinney Can Help with Your Domestic Violence Case

Josiah Swinney brings a wealth of experience and a client-centered approach to every domestic violence case. His comprehensive defense strategies include:

• Thorough Case Analysis: Josiah Swinney meticulously reviews all evidence, including police reports, witness statements, and 911 calls, to identify weaknesses in the prosecution’s case.
• Challenging Evidence: He aggressively challenges unreliable or inadmissible evidence, such as inconsistent witness statements or improperly obtained evidence.
• Negotiating with Prosecutors: Josiah Swinney works to negotiate favorable plea deals or seek case dismissals when appropriate, always prioritizing your best interests.
• Courtroom Advocacy: If your case goes to trial, Josiah Swinney’s courtroom experience and persuasive advocacy skills ensure that your defense is presented effectively.
• Protecting Your Rights: From the moment you hire him, Josiah Swinney is dedicated to protecting your constitutional rights and ensuring that you receive fair treatment throughout the legal process.

With Josiah Swinney as your attorney, you can trust that your case is in capable hands. His commitment to achieving the best possible outcome for his clients sets him apart as a leading criminal defense attorney in Indianapolis and Indiana. Many criminal domestic violence cases can result in the need for a family law attorney. While Josiah Swinney does not practice family law, Josiah Swinney works closely with Stephanie Renner, a talented Indiana Divorce and Family Law Attorney who can assist in any family law matters.

Understanding Indiana’s Criminal Justice System

Navigating Indiana’s criminal justice system can be overwhelming, especially for those unfamiliar with its processes. When facing a domestic violence charge, it’s essential to understand the key stages of the legal process:

• Arrest and Booking: If you’re accused of domestic battery or a related offense, you may be arrested and booked into jail. Josiah Swinney can assist with securing your release and preparing your defense from the outset.
• Initial Hearing: At the initial hearing, the court will inform you of the charges and your rights. Josiah Swinney can represent you at this stage, ensuring that your interests are protected.
• Pretrial Motions and Discovery: Your attorney will file motions to suppress evidence, dismiss charges, or obtain discovery materials from the prosecution. Josiah Swinney’s thorough approach ensures that no detail is overlooked.
• Plea Negotiations: In many cases, the prosecution may offer a plea deal. Josiah Swinney will carefully evaluate any offers and advise you on the best course of action.
• Trial: If your case goes to trial, Josiah Swinney’s courtroom experience and strategic defense tactics will be critical to securing a favorable outcome.
• Sentencing: If convicted, the court will impose a sentence. Josiah Swinney will advocate for leniency and explore options to minimize the impact of the conviction.

Having an experienced attorney like Josiah Swinney by your side at every stage of the process can make a significant difference in the outcome of your case.

Why You Need an Experienced Criminal Defense Attorney

Domestic violence charges are serious and can have lasting consequences on your life. Attempting to navigate the legal system without an attorney can lead to costly mistakes and unfavorable outcomes. Here’s why hiring an experienced criminal defense attorney like Josiah Swinney is essential:

• Knowledge of the Law: Indiana’s criminal laws are complex, and domestic violence cases often involve nuanced legal issues. Josiah Swinney’s expertise ensures that your defense is built on a solid understanding of the law.
• Protection Against Prosecutorial Tactics: Prosecutors often pursue domestic violence cases aggressively. Josiah Swinney knows how to counter their tactics and protect your rights.
• Negotiation Skills: An experienced attorney can negotiate with prosecutors to reduce charges, secure alternative sentencing options, or even have the case dismissed.
• Courtroom Experience: If your case goes to trial, you need an attorney with proven courtroom skills. Josiah Swinney’s advocacy ensures that your defense is presented effectively.
• Peace of Mind: Facing criminal charges is stressful. With Josiah Swinney handling your case, you can focus on your life while he fights for your future.

Don’t leave your future to chance. Josiah Swinney’s dedication, experience, and strategic approach make him the ideal choice for defending against domestic violence and criminal charges in Indiana.

Contact Josiah Swinney Today

If you or a loved one is facing a domestic violence charge in Indianapolis or anywhere in Indiana, don’t wait to seek legal representation. Josiah Swinney is ready to fight for you, providing the aggressive and compassionate defense you need to protect your rights and future. With his extensive knowledge of Indiana’s criminal laws, personalized approach, and commitment to achieving the best possible outcome, Josiah Swinney is the attorney you can trust.

Contact Josiah Swinney today to schedule a consultation and take the first step toward resolving your case. Don’t let a domestic violence charge define your future—let Josiah Swinney help you fight for justice. Call Josiah directly at 317-753-7134 for a free consultation about any criminal matter in the State of Indiana.

DISCLAIMER – The information contained on this website is provided for educational and informational purposes only, and should not be construed as legal advice or as an offer to perform legal services on any subject matter. The content of this web site contains general information and may not reflect current legal developments or information. The information is not guaranteed to be correct, complete or current. We make no warranty, expressed or implied, about the accuracy or reliability of the information at this website or at any other website to which it is linked. Recipients of content from this site should not act or refrain from acting on the basis of any information included in the site without seeking appropriate legal advice on the particular facts and circumstances at issue from an Indiana Criminal Defense attorney or attorney licensed in the recipient’s state. Nothing herein is intended to create an attorney-client relationship and shall not be construed as legal advice. This is not an offer to represent you, nor is it intended to create an attorney-client relationship.