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Indianapolis Assault and Battery Lawyer

Dictionary Entry for Battery

Indiana Battery Defense Attorney

With a population of just over 6.5 million residents, the state of Indiana sees an average of almost 25,000 violent crimes each year. The vast majority of these violent crimes involve battery, aggravated battery, and domestic violence. Battery involves the physical touching or hitting of an individual against their will. Oftentimes colloquially called assault, battery is categorized by the Indiana legislature as an offense against the person because it involves harming another individual. When complaints of battery are filed with the local Indiana police, they are vigorously investigated and prosecuted, which is why you need an experienced Indianapolis assault and battery lawyer on your side if you have been charged.

Unfortunately, many individuals are wrongly accused of battery or simply made a mistake. Because of the serious consequences you potentially face if convicted of battery, it is imperative that you seek knowledgeable and skilled legal counsel to guide you through your case. Eskew Law, LLC has a team of Indianapolis criminal defense lawyers who are dedicated to assisting you with this trying time. We believe in customized representation, tailoring our approach to defending your case based on your wants, needs, best interests, and goals. After discussing the facts and circumstances of your arrests, as well as your desired outcome, we will create a personalized action plan. To learn more about how we can help you fight battery charges, call Eskew Law, LLC now at (317) 974-0177.

Battery In Indiana

According to Section 35-42-2-1 of the Indiana Code, battery occurs when someone:

  1. knowingly or intentionally;
  2. touches another person;
  3. in a rude insolent or angry manner;

It is also battery if instead of touching, someone angrily places bodily fluid or excrement on another person. For additional information, contact Eskew Law, LLC to speak with a seasoned battery attorney in Indianapolis, IN.

Battery must occur either knowingly or intentionally. The following actions may constitute battery:

  • Pushing or shoving
  • Slapping
  • Punching or hitting
  • Kicking
  • Pulling or grabbing
  • Elbowing
  • Throwing objects or hitting another with an object
  • Throwing or splashing bodily waste

At times, individuals refer to physical violence as assault. However, battery is the legal term for assault; actual injury is not required. Battery is a Class B misdemeanor, which faces up to 180 days in jail and up to $1,000 in fines. If injury occurs, even just pain, it becomes a Class A misdemeanor, which faces up to 1 year in jail and up to $5,000 in fines.

Battery can be bumped up to a Level 6 felony, punishable by half a year to two-and-a-half years in prison, if any of the following factors are present:

  • Moderate injury occurs
  • The complainant is an officer
  • The complainant is younger than 14 and the suspect is 18 or older
  • The complainant has a mental or physical impairment and the suspect is a caretaker
  • The complainant is an endangered adult
  • The battery occurred in a child’s presence, and the complainant is a family or household member and the suspect is over 18
  • The suspect knew that the bodily fluid was infected with a virus such as hepatitis
Battery can be further bumped up to a Level 5 felony, punishable by one to six years in prison, if any of the following factors are present:
  • Serious injury occurs
  • A deadly weapon is used
  • Injury occurs to a pregnant woman, and the suspect knew she was pregnant
  • The suspect has a battery conviction for the same complainant
  • Injury occurs and the complainant is an officer, younger than 14, has a mental or physical impairment, or is an endangered adult
  • The suspect knew that the bodily fluid was infected, and the complainant was an officer

Battery is a Level 4 felony, punishable by two to twelve years in prison, if the complainant is an endangered adult who suffers serious injury. Battery is a Level 3 felony, punishable by three to sixteen years in prison, if the complainant is younger than 14, the suspect is at least 18, and serious injury occurs, but can be bumped to a Level 2 felony, punishable by 20 to 40 years in prison, if death results.

Passionate Indianapolis Battery Attorney Eager to Help You

Eskew Law, LLC’s team of criminal defense attorneys are proud to help Indiana clients fight unfair accusations of battery. We take this privilege and responsibility seriously for all of our clients throughout Indianapolis and Central Indiana. To schedule an initial consultation with an Indianapolis battery lawyer, call Eskew Law, LLC at (317) 974-0177.