(12-14-23) Two men were arrested in Jay County on domestic battery felony charges this week.

Josh A. Guntle (35) Portland was preliminarily charged with a Level 3 felony for confinement, a Level 5 felony for battery committed with a deadly weapon and a Level 6 felony for domestic battery.

Guntle is being held in the Jay County Jail on a $65,000 bond.

Level 6 Felony Domestic Battery in Indiana

However, the Class A Misdemeanor Domestic Battery can be elevated to a Level 6 felony in one (1) or more of the following apply:

(1)The person who committed the offense has a previous, unrelated conviction:

(A)for a battery offense included in this chapter; or

(B)for a strangulation offense under IC 35-42-2-9.

(2)The person who committed the offense is at least eighteen (18) years of age and committed the offense against a family or household member in the physical presence of a child less than sixteen (16) years of age, knowing that the child was present and might be able to see or hear the offense.

(3)The offense results in moderate bodily injury to a family or household member.

(4)The offense is committed against a family or household member who is less than fourteen (14) years of age and is committed by a person at least eighteen (18) years of age.

(5)The offense is committed against a family or household member of any age who has a mental or physical disability and is committed by a person having the care of the family or household member with the mental or physical disability, whether the care is assumed voluntarily or because of a legal obligation.

(6)The offense is committed against a family or household member who is an endangered adult (as defined in IC 12-10-3-2).

Allegations that an alleged domestic battery occurred in the presence of children is one of the most frequent reasons for a domestic battery to be charged as a Level 6 Felony.  There are specific defenses to Domestic Battery regarding the presence of children, so it’s extremely important to contact an Indiana Domestic Violence Lawyer to discuss the specific of your case.

Keiton Stacy

Keiton M. Stacy (23) Montpelier has been charged with a Level 5 felony for domestic battery to a pregnant victim and a Level 6 felony for strangulation against a pregnant victim.

Related: Blackford man sentenced for Muncie robbery

Stacy was being held on a $13,000 bond in Jay County Jail.

According to Indiana law—In a manner that impedes the normal breathing or the blood circulation of the other person commits strangulation, a Level 6 felony. (2) The person who committed the offense knew the victim was pregnant at the time of the offense.