Updated: Nov 12, 2021
In Indiana, it is frighteningly easy to face a battery charge, and the penalty for such a charge can be severe. Therefore, it is important to understand what constitutes a battery and what the consequences for a battery conviction can be.
What is battery?
Indiana defines battery as (1) an intentional touching of another in a rude, insolent, or angry manner, or (2) an intentional placing on another any bodily fluid or waste in a rude, insolent, or angry manner. In simpler words, you can be charged with a battery if you contact another in a harmful or offensive way without his or her consent. Note that actual injury to the other person is not required. In fact, even the touching of another’s clothes can constitute a battery. It is for this reason that it is frighteningly easy to face a battery charge.
Penalties for battery
The penalty for battery heavily depends on the specific facts of each case. A battery is typically classified as a Class B Misdemeanor, which is punishable with up to 180 days in jail and up to $1,000 in fines. However, a battery can be elevated to a Class A Misdemeanor—and even to a level 2 felony—depending on various factors, such as the following:
Age of the victim;
Identity of the victim;
Nature of the contact; and
Severity of the injury caused by the contact.
Hire a lawyer
The fact-sensitive nature of each battery case and the numerous factors that courts consider make a battery charge scarier and more confusing. Therefore, you should hire a lawyer. A competent and experienced lawyer can use the complexity of the battery laws to creatively argue on your behalf, and they can raise several common defenses, such as self-defense; that is, if the facts support such defense.
A battery conviction can significantly narrow your future opportunities and damage your valuable relationships. If you are charged with battery and would like legal representation, contact us at any time at 317-643-1813.