Did you physically harm somebody or have an intention to harm them? Well, then you will be accused of a battery crime. In Indiana, battery charges are one of the most common criminal charges you can find. Every day, several battery cases get registered where victims report being abused physically. Have you been contacting a battery defense attorney in Indiana for battery charges against you? You are on the right platform.
In this editorial, we are going to learn about battery charges in Indiana. Battery theft stands as one of the most severe crimes with severe consequences. Under Indiana law, the battery is categorized as a misdemeanor battery or a felony battery. Depending on the circumstances of the alleged incident, it is decided whether the battery offense is a felony or a misdemeanor. Read how we can navigate you to a desirable verdict on battery charges. As your trusted Indiana criminal defense lawyer, we have explained misdemeanors, including felony battery. So, let’s dive deep and know the differences between those two charges.
What is a battery?
Battery, according to Indiana Code 35-45-2, involves intentionally or deliberately touching another person or depositing body fluid or waste on another individual in a way that is “rude, insolent, or annoyed.” Batteries that do not offer harm are characterized as Class B misdemeanors, but batteries that cause wounds are classified as Class A misdemeanors.
Battery-Criminal Intent
Did you plan to physically hurt someone or cause them physical pain? This constitutes one of the key components of an unlawful battery charge. Although evidence of criminal intention is only required in criminal cases, it is feasible to win an administrative proceeding for violence without demonstrating malicious intent. They might simply need to show that you meant to physically contact the other person.
Battery: a criminal act
The second component of a battery accusation is illegal conduct. This is the physical act of contacting and injuring another individual. This indicates that you either touched someone or employed a weapon to injure another person. This may be an immediate or indirect act, depending on the situation.
Battery without intent
We discussed the two primary components of a battery charge. It includes criminal intent and criminal acts. In some circumstances, it is possible to capture and convict someone for battering without criminal intention. These cases include criminally irresponsible or negligent behavior. Even if you behave with utter disregard for public safety, someone can still be prosecuted for battering. It makes no difference whether you intend to damage someone or not. In many countries, careless behavior that is likely to cause injury will substitute for intent.
Misdemeanor Battery: Understanding the charges and penalties
Misdemeanor battering in Indiana is described as contacting someone in a harsh, arrogant, or hostile manner. This usually starts with a Class B misdemeanor battery charge in Indiana, which has a determined penalty of 180 days in jail and a $1,000 fine. Almost any rude touch can be classified as battery. If the accused victim is hurt or wounded, the consequences may be more severe.
Class A vs. Class B Misdemeanor
The Class B misdemeanor surrounding battery charges is all about rudely touching another individual or putting trash or any bodily fluid on them in an angry or rude way. The Class B misdemeanor, as said above, is a punishable offense that holds you in jail for 180 days with a fine of $1000.
On the other hand, a Class A misdemeanor is a more serious crime. The victim here reports bodily harm and injuries that offer impairment or physical pain. The Class A misdemeanor battery offense is punishable with 365 days of jail and a fine of up to $5000.
Felony Battery: Knowing the charges and consequences
More extreme battery can be categorized as felonies, with severity starting from Level 6 (minimum severe) to Level 2 (most extreme), based on the nature of the harm, the use of a lethal weapon, and the victim’s age or status. Here are a few instances involving felony battery at different levels, explained by our felony battery defense lawyer in Indiana.
- Level 6: moderate physical injury; act against a public safety officer on duty; or act against a kid below the age of 14.
- Level 5: serious physical harm, use of a lethal weapon, or the accused offender has prior battery charges against the victim.
- Level 4: Serious bodily harm to an adult.
- Level 3: Serious physical injury to a minor below the age of fourteen when the offense is done by an 18-year-old
- Level 2: Mortality of a person below the age of 14, when the conduct is done by someone older than 18, or death of a sudden adult.
What constitute the penalties for a felonious battery charge?
The consequences of a felony charge depend on the seriousness of the act. In general, a Level 2 felony assault conviction can result in between ten and thirty years in jail, along with as much as $10,000 in fines. However, a Level 6 felony can result in a period of six months, up to two years in prison, and up to $10,000 in fines. In such cases, only an Indiana battery crime lawyer can save you.
Conclusion
If you have been accused of felony battery or a comparable misdemeanor battery crime, you have numerous alternatives for fighting the allegations. A solid defense plan may result in the allegations being withdrawn or your sentence being reduced. At the Gil Berry Law, we offer you a strong defense against battery charges, bringing you the most optimal results.
Call us immediately at Gil Berry Law! Charged with a battery offense? Need immediate legal assistance? Don’t hesitate to call us at (317) 685-3969 or send us an email at gil@gilberrylaw.com. Attorney Gil Berry, with his extensive years of experience, comes up with swift victories and verdicts in your favor.