In general, battery is when you touch another person in a rude, insolent, or angry matter. Even the most minimal touching of another person can be a battery depending on the context. The most basic example of battery could be if you are waiting in line for something, and someone cuts you, so you push them out of the line. Even if that’s all that happens, you could be charged with battery. This is a B Misdemeanor in Indiana and a relatively low-level offense.
This basic form of battery can be upgraded to higher level offenses if there are injuries. The next level up is battery resulting in bodily injury. Battery resulting in bodily injury is battery that results in some minimum level of injury. This can even include “pain”. It doesn’t necessarily need to leave a mark. So long as the victim claims it cause them pain, you can be charged with battery resulting in bodily injury. This is a class A misdemeanor.
Battery begins to enter felony level when it results in moderate bodily injury. Moderate bodily injury could be scrapes, scratches, bleeding, or bruising. Anything short of broken bones, unconsciousness, or serious disfigurement will fall under this category. This is a Level 6 Felony. Regular battery is also a Level 6 Felony if is it inflicted upon a public safety official. Most commonly, this occurs when someone is fighting the police while being arrested.
If the battery rises to the point where it results in serious bodily injury, then it is a Level 5 Felony. Serious bodily injury requires at least a broken bone or unconsciousness. If the serious bodily injury is inflicted upon an endangered adult, it is a Level 4 Felony. If is inflicted upon someone under the age of 14 by an adult, it is a Level 3 Felony. If it results in the death of either an endangered adult or someone under the age of 14, it is a Level 2 Felony.
Domestic Battery is battery but when the victim is a family or household member. The levels of the charges are similar to regular battery, but there are additional consequences that come with a domestic battery conviction, such the restriction of your right to possess a firearm.
Finally, aggravated battery is battery that results creates a substantial risk of death, or causes serious permanent disfigurement, protracted loss or impairment of the function of the bodily member or organ, or the loss of a fetus. This is a Level 3 Felony.
If you are charged with battery of any kind, please contact the experienced attorneys at Banks and Brower for a free consultation. We are available 24/7/365 at 317-870-0019 or info@banksbrower.com.