Not All Batteries Are the Same

March 30, 2017

By Keffer Hirschauer LLP

The act of battery is a violent offense, which is not to be confused with the legal concept of assault that deals with the threat of violence. A battery requires actual and unwanted physical contact between two people. Indiana Code 35-42-2 defines battery as the touching of another person in a manner that is considered “rude, insolent, or angry.” This may sound like a simple charge to define in court. However, under Indiana law, there are many different factors to consider when determining the seriousness of a battery charge.

The severity of your battery charge depends on a number of different factors. Depending on these, your charge may be considered a misdemeanor or it may be considered a felony. There are certain key factors in determining the severity of a battery charge:

  • Whether the victims was younger than 14 years old
  • Whether the victim was a police officer, corrections officer, or fireman
  • Whether the victim was a school employee or a healthcare provider
  • Whether the victim was in the accused’s care
  • Whether the victim has a physical or mental disability
  • Whether the battery results in serious bodily injury
  • Whether the battery is committed with a deadly weapon
  • Whether the accused is 18 years old or older
  • Whether the victim is pregnant
  • Whether the battery results in the death of an endangered adult
  • Whether the accused has been charged with battery against the victim before

Once these key factors are identified and addressed, a battery charge can range from a Class B misdemeanor to a Class A felony and carry a varied spectrum of penalties including possible incarceration and fines. A charge of domestic battery or other circumstances of your violent criminal charge can also affect the possible consequences. For example, a person who gets a criminal conviction for domestic violence, even if that conviction is a misdemeanor, is precluded from possessing a firearm until his rights are restored by a court. There are other potential and often unanticipated ramifications as well.

Looking for a Johnson County criminal attorney that understands your criminal and appellate rights? Contact the attorneys at Keffer Hirschauer LLP today if you have questions or believe your constitutional or criminal rights have been violated. We stand ready to provide our clients with trusted representation and accurate information regarding the law and its application to their individualized case. Act now and contact us today at (317) 857-0160.