Contact an experienced battery lawyer if you have been charged with a battery crime against the alleged victim. Our attorneys at Gemma & Karimi have a long, impressive history of case dismissals and charge reductions for those accused of violent misdemeanors and felonies. Call (317) 602-5970 for immediate legal representation.
Understanding Battery Charges
Under Indiana law, battery refers to a person knowingly or intentionally touching another person in a rude, insolent, or angry way. Battery is also placing any bodily fluid or waste on another party in a rude, insolent or angry manner.
Indiana law sets out varying battery charges, from misdemeanors to felonies. A battery charge can have serious consequences, with prison, fines, and collateral impacts to your life possible. A robust legal defense from a strong defense team is critical to the best outcome.
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Call our Indiana Criminal Defense attorney at (317) 676-4747 or fill out our online contact form today to schedule a free consultation!
Types of Battery Charges and Battery Penalties
An Indiana battery case can be charged in several ways. It is typically a Class B misdemeanor, with up to six months in jail possible. However, a battery charge can be escalated as follows:
- Class A misdemeanor if the battery causes bodily injury, such as bruises, pain, or scratches, with a year in jail and a fine up to $5,000.
- Level 6 felony if the crime causes moderate bodily injury; committed against an on-duty public safety official; involves a victim under 14, or targets a person with a disability by a caregiver. Potential penalty is six months to 2.5 years in prison and a fine of $10,000.
- Level 5 felony if the battery leads to severe bodily injury for the alleged victim; involves a deadly weapon, or puts infected bodily fluid on a public safety officer. Punishment is one to six years and a maximum $10,000 fine.
- Aggravated battery and a Level 3 felony if the crime against the alleged victim causes a serious risk of death; serious bodily disfigurement that is permanent; protected loss or impairment of an organ or body part, or loss of a fetus. Punishment is three to 16 years and a maximum $10,000 fine.
A serious battery charge can lead to years in prison in the worst circumstances. Thus, your future must retain a skilled battery attorney at Gemma & Karimi for the best case result. Our attorneys will mitigate the most severe charges and may be of assistance if you have prior convictions.
Battery Cases We Handle
Gemma & Karimi handles battery cases including Class A and B misdemeanors and felonies. Our seasoned attorneys have a strong track record assisting defendants with serious criminal charges, including serious bodily injury, aggravated battery, and deadly weapons.
Additionally, our criminal defense lawyer can assist if you are involved in a case with law enforcement officers or someone with a mental or physical disability. Our committed attorneys handle battery cases that involve bodily fluid and felony battery, as well.
Defenses Against Battery Charges
A battery charge with physical harm is intimidating. Fortunately, there are many strong legal strategies your attorney can employ to fight this serious criminal charge. They include:
Consent: If the alleged victim gave their consent to the contact, this is a valid defense. For instance, a contact sport such as soccer or football usually involves a degree of physicality. But consent isn’t a defense if the contact is unreasonable. For instance, hitting someone and causing injury in football after the whistle blows could lead to legal issues for the defendant. A skilled Indiana battery defense lawyer can review your case and devise the best defense today.
Self-defense: Indiana Code 35-41-3-2 states that you are justified in using ‘reasonable force’ to protect yourself or another person if you ‘reasonably believe’ you were at risk of imminent harm. The threat in a felony battery charges case must be immediate and the force used must be proportional.
Defense of others: Indiana law states you may use reasonable force to protect another person from imminent harm. You must have had a reasonable belief that the other party was in immediate danger and the use of force was in proportion to the threat.
Lack of intent: Battery law in Indiana states that the act must have been knowing and intentional. If you made accidental contact, it isn’t criminal battery. For instance, accidentally smacking someone in a crowd isn’t battery; there was not an intent to touch the person rudely or angrily.
Working with the Best Attempted Murder Lawyer in Indiana
A battery conviction can be devastating to your life and future. First, you face a potential jail or prison sentence and fines. Second, you could be saddled with a permanent criminal record that appears on any employment background check. Having a serious criminal record can make it impossible to secure suitable employment, and attending college or renting a house or apartment will be challenging.
Fortunately, a seasoned battery attorney can assist if you have been charged with a serious injury case. Your domestic battery attorney can assess your case and develop a robust defense strategy. They can also help to safeguard your legal rights and community reputation.
Frequently Asked Questions
Being charged with battery and facing years in prison is frightening and you probably have questions. Common questions about a battery or domestic battery case include the following:
First, do not speak to the police without an attorney present. The police will use anything you say against you. Immediately call our committed attorneys to protect your rights and potentially avoid years in prison.
Battery means physical contact with someone in a rude, insolent, or angry manner without consent. For example, shoving, punching, or slapping someone are battery types.
Assault is not a standalone crime in Indiana law. Instead, it is usually understood as the attempt or threat to commit battery. Assault is typically connected to creating fear of imminent harm.
Yes, it’s possible. For example, the prosecutor may drop the charge in certain cases. But the prosecutor is not obligated to drop battery charges at the plaintiff’s request.
The prosecutor could drop a battery charge for insufficient evidence, or the judge could dismiss the case if there is a problem with how the arrest was conducted.
Speak as little as possible to law enforcement without a lawyer present. You should always decline to answer questions without a battery attorney present.
Self-defense is a legitimate reason for committing battery in some situations. For example, you may have a valid defense if you had a reasonable belief or danger of unlawful force. Also, Indiana is a Stand Your Ground state, so you are not obligated to retreat before using reasonable force to defend yourself.
The first step to hiring a battery defense lawyer is calling for a legal consultation. Our criminal defense team will review your case and outline your legal options.
How long your battery case takes depends on case complexity, charge severity, how you plead, and the court caseload. Talk to one of our battery lawyers in Indiana today for more information about your case timeline.
Misdemeanor battery is touching someone intentionally rudely, insolently, or angrily. This charge may be elevated to a felony if there are aggravating circumstances. Examples include causing bodily injury to a child under 14, a pregnant woman, or a police officer. A more severe felony could be charged if the battery causes severe bodily injury, such as extreme pain or significant impairment.
A battery conviction typically stays on your record in Indiana unless you take a legal action to remove or seal it. State law does not erase a criminal conviction automatically. If you were convicted of misdemeanor battery, you might qualify for expungement five years after your conviction, in certain cases.
For felony battery, the waiting period may be up to eight years after the sentence is completed. However, the waiting period may extend to 10 years for the most serious felonies.
If successful, expungement seals your conviction from most public records that employers or landlords can see.
Contact an Indiana Battery Defense Attorney
Have you been charged with battery or aggravated battery in Indiana? Your future is in peril. Retaining a seasoned battery attorney is vital to fight for your rights and the best outcome.
Our experienced Indianapolis battery attorney will construct a formidable criminal defense based on the case facts and evidence. Whether you face a Class B misdemeanor, Class A misdemeanor, or felony charge, our defense team will construct strong legal defenses. Contact our defense attorney today at (317) 602-5970 for a robust defense against this serious charge.
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