A battery of any kind is considered a violent crime and may result in serious penalties. Under Indiana law, battery can be classified as a felony or misdemeanor, depending on the circumstances surrounding the alleged incident. Felony charges involve more serious crimes than misdemeanors and, therefore, generally carry more serious penalties.
What is battery?
According to Indiana Code 35-45-2, battery requires intentionally or knowingly touching another person or putting bodily fluid or waste on another person in a way that is “rude, insolent, or angry.” Batteries that do not result in injury can be classified as a Class B misdemeanor, while batteries with injuries may be classified as a Class A misdemeanor.
However, more serious batteries may be classified as a felony, ranging from Level 6 (least severe) through Level 2 (most severe), depending on the extent of the injury caused, whether a deadly weapon was used, and the age/status of the victim/perpetrator. Here are some examples of felony battery at each level.
- Level 6 felony: Moderate bodily injury, act against public safety official on-duty, or act against child under the age of 14.
- Level 5 felony: Serious bodily injury, act committed with a deadly weapon, or alleged perpetrator has previous battery convictions against the same victim.
- Level 4 felony: Serious bodily injury to endangered adult.
- Level 3 felony: Serious bodily injury to person under the age of 14 when act is committed by a person 18 years of age or older.
- Level 2 felony: Death to person under the age of 14, when act is committed by a person 18 years of age or older, or death of an endangered adult.
What are the consequences of a felony battery charge?
The consequences for a felony battery conviction depend on the level of the charge. Generally, a Level 2 felony battery conviction may result in 10 to 30 years in prison and up to $10,000 in fines, while a Level 6 felony may result in six months to 2.5 years in prison and up to $10,000 in fines.
If you have been charged with felony battery or another felony crime, you have several options to defend against your charges. A strong defense strategy can result in your charges being dropped or your sentence being reduced.