What Is Felony Battery in Indiana?

Indiana Felony Battery

If you've been charged with this offense, it's crucial to understand that different types of battery carry different penalties. While misdemeanors carry lighter offenses, felony battery usually results in at least a year of jail time.

This article will help you determine the seriousness of the charge you're facing, so keep reading to learn more.

What Is Battery?

According to the Indiana Code, a person commits criminal battery when they intentionally touch a person or place bodily fluids or waste on them "in a rude, insolent, or angry manner."

This charge starts as a Class B misdemeanor but increases according to the circumstances and damage to the other person. For example, if the offense caused bodily injury to another person, the charge will rise to a Class A misdemeanor.

Level 6 Felony

Several factors can result in a battery charge being classified as a felony, but usually, the injuries the victim incurs are moderate. Other times, the battery becomes a felony when the victim is a protected individual, such as a:

• Public safety official (law enforcement/corrections officer, firefighter, or emergency medical services provider) in the line of duty
• Minor under the age of 14 (when the offender is an adult)
• Individual with a mental or physical disability (when the offender is a person entrusted to care for the victim)
• Endangered adult
• Member of a foster family home who obtains body injury (when the offender is the relative of someone in the home)

Unless specified, these protected categories of victims don't have to suffer bodily injury for the offense to be categorized as a felony.

Felony battery also occurs when the offender places bodily fluids on another person, knowing these fluids are infected with hepatitis, tuberculosis, or HIV.

Level 5

The felony battery charge is more severe when it results in serious bodily harm. In addition, when the offender has previous battery convictions or commits battery with a deadly weapon, it's considered a Level 5 felony. The same is true if the protected victims discussed above or a pregnant woman sustains a bodily injury.

Moreover, for offenders who place infected bodily fluids or waste (described above) on a public safety official, charges increase in seriousness.

Level 4

When an offense results in serious injury to an endangered adult, the charge is increased to a Level 4 felony.

These charges can result in two to twelve years of imprisonment, with the advisory sentence being six years. The maximum fine for a felony charge is $10,000.

Level 3

Adult offenders who cause serious bodily injury to children under 14, even when considered domestic battery, may receive a Level 3 felony charge.

Prison sentences for this offense are between three and sixteen years. The advisory sentence is nine years in the state of Indiana.

Level 2

This is the most severe charge for criminal battery. You can be charged with it when the battery results in the death of a person who is less than 14 years old or an endangered adult.

The sentence for Level 2 felonies in Indiana is ten to thirty years imprisonment, with the advisory sentence being seventeen and a half years.

Get Assistance Defending Your Felony Battery Charge

If you're facing felony battery charges, you need an experienced criminal law lawyer. At the Law Office of Mark Nicholson, we can help you protect your rights no matter the seriousness of the charges against you.

Contact us today at 317-667-0718!