Battery Charge Lawyer in Indianapolis, IN
Hessler Law Can Help
Even if you didn’t start a confrontation, battery charges can severely damage your life. Charges include time in jail to fines and an inability to find a good job because of a violent offense on your record. From domestic violence arrests to battery allegations, it is critical to work with an experienced Indianapolis battery lawyer from the very beginning.
Maybe you were the victim of mistaken identity or provoked to where you needed to defend yourself. At Hessler Law, we know what you are up against and have the successful criminal defense background you need to protect yourself and move on with your life.
Assault & Battery Laws in Indiana
Although the terms assault and battery are related and sometimes used interchangeably, they are very distinct crimes. While battery is defined by Indiana Code 35-42-2 as touching another person in a “rude, insolent, or angry” manner, assault, deals with the threat of violence and is treated differently under Indiana law.
Regardless of the charge, these are serious crimes with harsh consequences:
- Time in jail or state prison
- Thousands of dollars in fines
- A permanent mark on your criminal record
- Denial of employment or affordable housing
- Loss or denial of a professional license
- Loss or denial of child custody or visitation
- Negative impact on your immigration status
- Damage to your personal and/or professional reputation
- Protection orders limiting other freedoms
Battery Charges You Can Face in Indiana
Battery in Indiana is committed when someone intentionally or knowingly touches another in a disrespectful or harmful way. However, causing an injury is not necessarily required. This makes the battery laws in Indiana complicated and confusing to the person charged. But the severity of an Indianapolis battery offense will depend on various factors and could be a misdemeanor or a felony. A local battery lawyer can help you navigate this process.
Elements of Battery in Indiana
Two critical elements in the crime of misdemeanor battery are the intent of the accused and the actual touching of another party. Indiana courts have a history of broadly defining both of these elements. Court decisions have established that intent for the offense of battery can be presumed simply from the voluntary commission of the act.
The standard for touching has been long established in Indiana to include not only the unlawful touching of another person by the defendant but also by any substance or object put in motion by the defendant. Accordingly, actions such as pushing another person into the victim or throwing water on someone would be considered battery. Even the touching of a person’s clothes would be considered battery, as Indiana courts have stated: “a person’s apparel is so intimately connected with the person that it is regarded as part of the person for purposes of the battery statute.”
There could be an exception to battery charges — if you can prove you acted in self-defense, your attorney may be able to get your charges dropped or reduced.
Misdemeanor Battery Charges
Due to its wide-ranging definition, almost any confrontation from domestic situations to bar fights can result in a misdemeanor battery charge and serious penalties if convicted. Learn how a skilled criminal defense attorney can help.
Under IC 35-42-2-1(c), Indiana defines battery as when a person knowingly or intentionally:
- Touches another person in a rude, insolent, or angry manner; or
- In a rude, insolent, or angry manner places any bodily fluid or waste on another person
Battery is a Class B misdemeanor but is elevated to a Class A misdemeanor if it results in bodily injury to any other person or if it is committed against a member of a foster family home by a person who is related to the member but is not a resident of the foster family home.
Misdemeanor Battery Penalties
A Class B misdemeanor battery charge is punishable by up to 180 days in prison and a $1,000 fine. Domestic battery or battery that results in bodily injury to another person is considered a Class A misdemeanor that is punishable by up to one year in jail and a fine of up to $5,000.
Felony Battery Charges
Battery charges may be elevated to a felony when aggravating factors exist or the degree of injury warrants it, such as battery that results in moderate bodily injury or battery upon a person less than 18, or a police officer. This increases the possible penalties and severity of the situation. If you are accused of such a sever offense, it is essential to work with an experienced Indianapolis battery defense attorney.
Assault-Related Offenses in Indiana
Assault is usually an attempt or threat to commit a violent act, like battery, but not in Indiana. However, this does not mean that attempts or threats are legal. In fact, these crimes can also be misdemeanors or felonies and carry serious penalties.
- Intimidation (Indiana Code 35-45-2) – Communications with the intent to force another person to act against their will, places the person in fear, or causes a vehicle, building, or structure to be evacuated.
- Criminal Recklessness ( Indiana Code 35-42-2-2) – Recklessly, knowingly, or intentionally performing acts that create a substantial risk of bodily injury. This can be heightened to a felony if the act involves the use of a deadly weapon or results in injury.
Domestic Battery Charges in Indiana
Domestic violence in Indiana is defined as aggressive or violent acts typically between spouses or domestic partners. The most common criminal charge associated with domestic violence is domestic battery. Under Indiana law, this is any Battery involving a family or household member. Indiana defines “family or household member” broadly and includes current or former spouses, dating or former dating partners, persons who are or were in a sexual relationship, certain relatives, certain guardian or custodial relationships, and persons who have a child in common.
Domestic battery is usually charged as a class A misdemeanor, which carries a maximum sentence of one year in prison and a fine of up to $5,000. Under certain situations, the offense can also be heightened to felony domestic battery with even harsher punishments. An Indianapolis domestic violence lawyer can help ensure the best outcome for you.
Hessler Law Will Fight For You
Violent offenses like battery are serious. If you are facing charges for battery in Indianapolis or anywhere in Marion County, you need a strong voice working for you. One who will fight for the best outcome possible.
A battery defense attorney will look at all of the evidence and listen to your side of the story. From there, a skilled Indiana battery attorney will pursue a strategy that may include having the charges reduced, dismissed, or taking your case to trial.