A simple battery charge may not seem like a big deal, but pushing or shoving someone during an argument can leave you with a misdemeanor conviction. There are several circumstances that, if present, can elevate your battery charge to a felony and put you at risk of even more significant penalties like incarceration.
Do not dismiss any battery charges as “simple.” If you are facing battery charges, fight back with help from an experienced Indiana criminal defense lawyer. Kaushal Law is committed to providing you with an effective defense against these charges.
Simple Battery Charges in Indiana
Indiana Code (IC) 35-42-2-1 defines battery as making physical contact with another person in a “rude, insolent, or angry” manner. Hitting, slapping, or punching someone would violate the statute, as would spitting, urinating, or throwing bodily fluid or waste on another person.
To commit battery, the contact you make with the victim must be in a “rude, insolent, or angry” manner. The circumstances of the event, any words exchanged during the incident, and the general context of the confrontation will all be used by the prosecutor, judge, and jury in deciding whether you made physical contact in a “rude, insolent, or angry” manner.
Penalties for Battery Charges in Indiana
Simple battery is a Class B misdemeanor, which is punishable by up to $1,000 in fines and up to a 180-day jail sentence. While uncommon, the court could order you to serve your jail sentence, even if this is your first battery offense. It is more likely that the court will order you to a term of probation.
The consequences of a battery offense can quickly escalate, depending on your situation. For example, if you caused bodily injury to the other person or battered a foster home member to whom you are related, your battery charge becomes a Class A misdemeanor. Class A misdemeanor convictions can land you in jail for up to 365 days and result in up to $5,000 in fines.
If any of the following circumstances are present, your battery charge may be classified as a Level 6 or Level 5 felony:
- You battered a public safety officer, endangered adult, or person with a disability
- You battered someone under the age of 14 years while you were older than 18 years
- The bodily fluid used to make contact with the victim was infected with hepatitis, tuberculosis, or the human immunodeficiency virus (HIV)
- The victim suffered moderate or severe physical injury
- You committed battery with a deadly weapon
Felony convictions carry the risk of up to six years’ imprisonment and can impact your education and employment prospects for years to come.
Contact Kaushal Law Today for Assistance with Your Battery Charge
If you find yourself charged with committing battery, take the matter seriously and retain a knowledgeable Indiana criminal defense lawyer. At Kaushal Law, we will use your experience gained as a former prosecutor to challenge the evidence against you. We will fight aggressively and diligently to resolve your charges and help you avoid the potentially life-impacting consequences of a battery conviction.
Contact Kaushal Law, your Indiana criminal defense attorney, today and schedule a consultation with us to discuss your situation.