Fort Wayne Indiana Juvenile Crime Attorney
The misdemeanor offense of battery can be filed as either a class A misdemeanor or class B misdemeanor. The offense of domestic battery can be filed as an A misdemeanor or D felony. As you might suspect, thousands of batteries occur within this county each year. Many of those batteries remain unreported. Very few people can honestly state that they have never engaged in conduct that meets the statutory definition of battery. For example, a child commits a battery when he smacks his little brother on the side of the head while heading to the movies in the backseat of his parents car. Basically, any unwanted touching can be a battery. No blood, stitches or bruising is required for a person to be convicted of either the Class A or B misdemeanor battery.
Domestic Battery, as a Class D felony, can be charged when a defendant has a prior conviction for battery against the same victim. Depending on the facts and circumstances of the case, a battery can also be filed as a Class A, B or C felony. A felony battery charge can also be filed when alleged to have been committed in the presence of a child or if strangulation is alleged.
Indiana Code 35-42-2-1, Battery, provides: (a) A person who knowingly or intentionally touches another person in a rude, insolent, or angry manner commits battery, a class B misdemeanor. However, the offense is a class A misdemeanor if it results in bodily injury to another person, or is committed against a law enforcement, correctional facility officer or firefighter who is lawfully engaged in the execution of his duties.
The offense of battery is a class D felony if it results in bodily injury to a police officer, correctional facility officer, health care provider, firefighter or child under the age of fourteen years of age (as long as the person charged is at least eighteen years of age). Additionally, it is a class D felony if the victim is battered by person who is the caretaker for a mentally or physically disabled person. Also, it is a class D felony if the accused batterer has a previous conviction for battery against the same victim.
A battery is a class C felony if it results in serious bodily injury to any other person or if it is committed by means of a deadly weapon. A class B felony occurs if the battery results in serious bodily injury to a person less than fourteen years of age and is committed by a person who is at least eighteen years of age. A class A felony results if the battery causes the death of a person less than fourteen years of age and is committed by a person who is at least eighteen years of age.
Pursuant to Indiana Code 35-42-2-1.3, a Domestic Battery, a Class A misdemeanor, occurs when a person knowingly or intentionally touches another in a rude insolent or angry manner that results in bodily injury to a person who (1) is or was a spouse of the other person; (2) is or was living as if a spouse of the other person; or (3) has a child in common with the other person. However, the offense is a class D felony if the person has a previous, unrelated conviction under this section, regardless of whether the same victim was involved.
Indiana Code 35-42-2-1.5, Aggravated Battery, a class B felony, occurs when the battery creates a substantial risk of death or causes (1) serious permanent disfigurement; (2) protracted loss of impairment of the function of a bodily member or organ; (3) or the loss of a fetus.
As you can see, many different types of batteries can be filed and each is dependent upon the facts and circumstances of that particular incident. We invite you to contact Arnold Terrill Anzini, P.C. to discuss possible defenses to a charge of battery, such as self-defense, or to discuss any other questions you might have. The law is constantly changing and evolving. Thus, the information contained herein or elsewhere within this website might contain dated information. Accordingly, this information should be viewed as a basic overview. Please contact us to learn more about these topics.