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Battery

Home » Misdemeanor Crimes -Class A, B, & C » Battery

Being arrested for committing battery is a grave matter. Indiana prosecutors vigorously pursue convictions in battery cases due to the violent nature of these crimes. As a result, you need experienced, dedicated legal counsel to help you fight a battery charge and protect your interests in the criminal justice system. Contact Myers & Wallace, LLP, for an initial case evaluation with a criminal defense lawyer to learn how our firm can help you seek a positive outcome that preserves your rights, reputation, and freedom.

Why Choose a Criminal Defense Attorney from Myers & Wallace, LLP?

When the police charge you with battery, an experienced legal advocate can help you protect your rights and interests when facing prosecution. Turn to a battery defense lawyer with Myers & Wallace, LLP, to help you seek a favorable resolution to battery charges because:

  • Our legal team boasts over five decades of combined experience, helping clients through their challenges. Our attorneys will spend the time needed to provide you with dedicated support and personal attention to support you throughout your case.
  • Our firm has established a reputation in Indiana for possessing the knowledge and insights to guide clients through a broad range of legal matters.
  • You can expect your lawyer to respond promptly to your communications, so you never feel in the dark at any point in your case.

Understanding Battery Charges

Under Indiana’s criminal code, a defendant can face prosecution for various types of battery offenses. These crimes include:

Battery

A person commits battery in Indiana if they knowingly or intentionally touch or place bodily fluid or waste on another person in a rude, insolent, or angry manner. The classification of the offense depends on the circumstances. While battery normally constitutes a Class B misdemeanor, it can become a:

  • Class A misdemeanor if the offense injures the victim or occurs against a member of a foster family home
  • Level 6 felony if the offense results in moderate injury, occurs against a public safety official on duty, occurs against a victim under 14, occurs against a victim with a physical or mental disability committed to the care of the perpetrator, or occurs against an endangered adult
  • Level 5 felony if the offense results in severe injury, occurs via a deadly weapon, injures a pregnant woman, or the perpetrator has a prior battery conviction against the same victim
  • Level 4 felony if it causes severe injury to an endangered adult
  • Level 3 felony if it severely injures a victim under 14
  • Level 2 felony if it results in the death of an endangered victim or a victim under 14

Domestic Battery

A person commits domestic battery if they touch or place bodily fluid or waste on a household member in a rude, insolent, or angry manner. Domestic battery typically constitutes a Class A misdemeanor but can become a

  • Level 6 felony if the perpetrator has a prior domestic battery or strangulation, commits the offense in the presence of a child under 16, causes moderate injury, commits the offense against a victim under 14 or who has a physical or mental disability, commits the offense against an endangered adult, or commits the offense against a victim who has a protection or no contact order
  • Level 5 felony if the offense causes a severe injury, occurs with a deadly weapon, injures a pregnant victim, or the perpetrator has a prior battery or strangulation conviction against the victim
  • Level 4 felony if it severely injures an endangered adult
  • Level 3 felony if it severely injures a victim under 14
  • Level 2 felony if it results in the death of an endangered adult or a victim under 14

Aggravated Battery

A person commits an aggravated battery if they knowingly or intentionally cause injuries that create a substantial risk of death or lead to:

  • Serious permanent disfigurement
  • Protracted loss or impairment of a bodily member or organ
  • Loss of a fetus

Aggravated battery constitutes a Level 3 felony but can become a Level 1 felony if it causes the death of a child under 14 when committed by an adult.

Consequences of a Battery Conviction

Battery convictions can impose various consequences for your freedom, reputation, or future. First, a conviction will result in a criminal sentence. Felony sentences for battery convictions include:

  • Level 1 Felony – 20 to 40 years in prison (with an advisory sentence of 30 years) and a potential fine of up to $10,000
  • Level 2 Felony – 10 to 30 years in prison (with an advisory sentence of 17.5 years) and a potential fine of up to $10,000
  • Level 3 Felony – Three to 16 years in prison (with an advisory sentence of nine years) and a potential fine of up to $10,000
  • Level 4 Felony – Two to 12 years in prison (with an advisory sentence of six years) and a potential fine of up to $10,000
  • Level 5 Felony – One to six years in prison (with an advisory sentence of three years) and a potential fine of up to $10,000
  • Level 6 Felony – Six months to 2.5 years in prison (with an advisory sentence of one year) and a potential fine of up to $10,000

Penalties for misdemeanor battery include:

  • Class A Misdemeanor – Up to one year of incarceration and a fine of up to $5,000
  • Class B Misdemeanor – Up to 180 days of incarceration and a fine of up to $1,000

In some cases, a trial court may impose a restitution obligation that requires the defendant to reimburse the victim for financial losses resulting from the battery, such as medical expenses.

Battery convictions can have other long-term consequences. For example, felony or domestic battery convictions can cause convicted offenders to lose their firearm rights. A conviction will also result in a criminal record that can impose a stigma, making it more challenging to seek employment or housing.

Potential Defenses to Battery Charges

A defendant prosecuted for battery may work with their defense lawyer to pursue various defenses to fight their charges, such as:

  • Lack of Intent – Defendants may argue they did not act with the required criminal intent under the charged battery statute.
  • Self-Defense – A defendant may claim they used force against the alleged victim to defend themselves or others from an imminent threat posed by the alleged victim.
  • Mistaken Identity – A defendant may challenge a victim’s or eyewitness’s identification by highlighting issues affecting their perception of the perpetrator or arguing that police used improperly suggestive identification procedures.
  • Alibi – Defendants may deny having battered the victim by presenting alibi evidence to prove they were elsewhere when the victim’s attack occurred.
  • Lack of Aggravating Factors – A defendant may seek to reduce the grading of their battery charge by disputing the existence of aggravating factors, such as severe injuries or legally protected victims.
  • Unlawfully Obtained Evidence or Statements – Defendants may seek to exclude inculpatory statements or other evidence from the prosecution’s case by arguing that police violated the defendant’s rights.

Contact Our Firm Today for Experienced Legal Guidance

Following an arrest for battery, you need a seasoned legal advocate to defend you from the potential consequences of the resulting charges. Contact Myers & Wallace, LLP, today for a confidential consultation with a battery defense lawyer to discuss your legal options for pursuing a favorable resolution to your case.

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