Image of handcuffs, representing how Indianapolis defense lawyers can defend residents facing battery charges in Indiana.

Battery Charges in Indiana

When you are facing criminal charges, your freedom and future are at risk. Battery charges in Indiana are no exception. Depending on the circumstances and severity of the offense of which you are accused, you could be facing up to 40 years in prison.

With your freedom, your job, and your reputation at stake, you need an experienced Indiana battery defense lawyer to defend you. Josiah J. Swinney at Camden & Meridew, P.C. will investigate the details of the battery charges against you and develop a strong defense strategy to protect your legal rights.

If you’re facing battery charges, here’s what you need to know about Indiana battery laws, including how you can be charged and the penalties that can result from a conviction.

What Are Battery Charges in Indiana?

As outlined under Indiana Code § 35-42-2-1, battery is defined as intentionally touching or placing bodily fluid or waste on another person in a rude, angry, or insolent manner.

Common examples of battery include physical assaults such as hitting or kicking, as well as spitting on someone or maliciously throwing something in their direction. Indiana battery laws set forth specific circumstances that raise the level of charges filed, which range from lower-level misdemeanor to serious felony charges.

There are several types of battery charges in Indiana, including domestic battery and aggravated battery. Each comes with its own unique set of penalties that require an experienced battery defense attorney.

Levels of Battery Charges in Indiana

If proven, Indiana battery charges could land you in a heap of trouble. These are the charges and related sentences you could face under Indiana battery laws:

  • Class B misdemeanor: Up to 180 days;
  • Class A misdemeanor: Up to one year;
  • Level 6 felony: Up to two and one-half years;
  • Level 5 felony: Up to six years;
  • Level 4 felony: Up to 12 years;
  • Level 3 felony: Up to 16 years;
  • Level 2 felony: Up to 30 years; and
  • Level 1 felony: Up to 40 years.

These charges can also result in fines of up to $1,000 for a Class B misdemeanor, $5,000 for a Class A misdemeanor, and $10,000 for all felony levels.

Physical injury does not have to result from an incident for a person to be charged with Class B misdemeanor battery. If the victim is injured, however, the charges are elevated based on the severity of the injury caused.

Committing battery with a deadly weapon or against specific individuals also increases the level of charges against a defendant, as well as the potential penalties. You may face more serious consequences if you are accused of battery against the following people:

  • A public safety official;
  • A child under the age of 14;
  • A disabled or endangered adult;
  • A foster home family member;
  • A pregnant woman; or
  • A family or household member you have previously been convicted of battering.

Indiana battery laws are complex and include many specific provisions. An Indiana battery defense lawyer can help you understand the charges against you, gather evidence to support your defense, and provide competent legal representation to protect your interests in court.

Indiana Battery Laws: Defenses to Battery Charges

Defending against battery charges requires a thorough investigation into what happened. Understanding the circumstances that led to the incident, what actually occurred, and any events that followed can help your attorney determine the best defense strategy for the charges against you.

For example, if you thought your life or someone else’s was in danger and had reasonable cause to believe so, self-defense may be a viable strategy. An example might be someone charging at you with a weapon or making serious threats of harm.

Sometimes, battery may be charged as the result of an accident. Remember, battery requires intent to harm. If intent can’t be proven, there may not be a proper criminal proceeding against you.

Though the scenario is rare, in some cases, you may be able to prove that the victim of the offense consented to it. If the act occurred while you and the alleged victim were engaged in a consensual activity, like horseplay, for example, your Indiana battery defense lawyer can structure your defense accordingly.

Finding the Right Indiana Battery Defense Lawyer for Your Case

When you’re facing battery charges in Indiana, it’s not enough to hire just any lawyer. You need the right one. Talking to an attorney is the best way to make this determination and find the right fit. At your initial consultation, ask the lawyer how many battery cases he or she has handled. What defenses are available? Which ones make the most sense for your case?

Asking these questions and others during the initial consultation can help you evaluate an attorney’s experience and approaches so you can decide if he or she is the right person to defend you.

Get Help Fighting Battery Charges in Indiana

Whether you’re facing a felony charge or a misdemeanor, hiring a lawyer who understands felony and misdemeanor battery in Indiana is key to defending your rights and freedom.

Battery charges in Indiana don’t have to define your entire future. Josiah Swinney represents clients in the greater Indianapolis area and across Indiana from Camden & Meridew, P.C.’s office in Fishers. Call him at 317-770-0000 or complete this online contact form to schedule a consultation.