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Simple and Aggravated Battery
Battery is one of the most common charges people face, and yet can also be one of the most serious. One of the problems is that people don’t realize how easy it is to find themselves charged with a felony and suddenly facing years in prison and thousands of dollars in fines if they are convicted. If you’ve been charged with battery, you should contact an experienced Indiana battery lawyer as soon as possible.
At GDS Law Group, we believe that our clients are entitled to a fair result. We have the experience and knowledge you need to get the outcome you deserve. Don’t delay – call us today at (765) 313-7092 or use our online contact form to schedule a free consultation and case evaluation.
Battery in Indiana
The Indiana Code defines battery as knowingly or intentionally:
1. Touching another person in a rude, insolent, or angry manner; or
2. In a rude, insolent, or angry manner places any bodily fluid or waste on another person.
It’s important to note that you can be charged with battery even if you did not cause any physical harm to the other person. For example, you could be charged with battery for spitting on someone. However, you must have knowingly or intentionally touched the other person – you cannot be charged with battery if you made accidental contact with another person.
Simple battery in Indiana is a Class B misdemeanor. However, it could be elevated to a Class A misdemeanor if it results in bodily injury. You could also face a Class A misdemeanor for committing a battery on someone who you are related to that resides in a foster family home.
Aggravated Battery in Indiana
Aggravated battery is defined in Section 42-2-1.5 of the Indiana Code as knowingly or intentionally inflicting injury that creates a substantial risk of death or causes one of the following:
1. Serious permanent disfigurement;
2. Loss or impairment of the bodily member or organ; or
3. The loss of a fetus.
Aggravated battery is a Level 3 felony. However, it can be charged as a Level 1 felony if it results in the death of a child under 14 years old and the accused is 18 or older.
Domestic Battery in Indiana
Domestic battery is a battery that occurs between family or household members. It is a Class A misdemeanor, but can quickly be elevated to a felony depending on a number of circumstances. For example, you could face a Level 6 felony domestic battery charge in the following situations:
● You have a prior conviction for battery or strangulation offense;
● The battery was committed in the presence of a child who was younger than 16 and you know the child was present or might be able to see or hear the battery;
● The battery resulted in moderate bodily injury to a family or household member;
● The victim was younger than 14 years old.
You can face a Level 5 felony charge if the battery involved the following circumstances:
● The battery resulted in serious bodily injury to a family or household member;
● You used a deadly weapon;
● You caused injury to a pregnant woman and knew she was pregnant;
● You have been previously convicted of domestic battery involving the same family or household member;
● The victim was a child under the age of 14.
There are also situations where you can face Level 4, Level 3, and Level 2 felony domestic battery charges. For example, if the battery results in death and the victim was younger than 14, you could be charged with a Level 2 felony domestic battery offense.
These domestic violence crimes can leave a permanent mark on your criminal record, but they will also impact your family law case as well. If you are in the middle of a divorce or child custody dispute, then the court will consider a domestic battery offense.
Sexual Battery in Indiana
Sexual battery is defined by Section 35-42-4-8 of the Indiana Code as touching another person to arouse or satisfy the perpetrator’s own sexual desires and the victim is compelled to submit by force or the imminent threat of force or is mentally disabled such that they cannot consent to the touching.
However, you can also be charged with this sexual crime for touching another person’s genitals, pubic area, buttocks, or breasts when that person is unaware that the touching is occurring.
Sexual battery is a very serious crime, with the basic charge being a Level 6 felony. However, sexual battery can be charged as a Level 4 felony in the following situations:
● The battery was committed by using or threatening to use deadly force;
● It was committed while armed with a deadly weapon; or
● You drugged the victim without their knowledge.
The Consequences of Conviction
Any criminal conviction can do irreparable damage to your life – it will go on your permanent criminal record which is available to the public. A conviction for battery, however, is likely to carry more serious consequences since it is often considered to be a violent crime, even if you were only convicted of simple battery. Your conviction could cause serious damage to your reputation and even make it difficult to find a job.
Simple battery is a Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $1,000. If the battery caused bodily injury to the victim, you could be charged with a Class A misdemeanor, punishable by up to one year in jail and fines of up to $5,000.
Felony battery charges carry much more severe consequences if you are convicted. A Level 6 felony such as domestic battery carries a prison sentence anywhere from 6 months to two and a half years. If you are charged with Level 1 felony aggravated battery, you could face between 20 and 40 years in state prison.
Contact an Indiana Battery Lawyer
Whether it’s a misdemeanor or a felony charge, the best thing you can do if you’ve been charged with battery is to contact a criminal defense lawyer. The Indiana battery attorneys at GDS Law Group have the skills and experience you need to get a fair result. The sooner you contact us, the sooner we can help – call us today at (765) 313-7092 for a free consultation about your case.