Battery: An Overview
Prosecutors in Indiana take domestic violence charges very seriously. The charge of domestic battery can be filed as either a Class A misdemeanor, a Class B misdemeanor or a felony, depending upon the circumstances of the physical attack, the presence of young children and resulting injuries.
Domestic battery frequently results in a sentence that includes participation in a domestic abuse awareness program, in addition to the criminal sentence that may be handed down. There are many other punitive consequences that can result from a domestic battery conviction including the loss of the ability to possess a firearm.
Battery, however, implies physical contact and requires a rude or angry touching. If the touching results in pain or injury to another, then the State can charge the offense as a Class A misdemeanor or higher. Any unwanted touching of any severity can result in a charge of battery, including striking, kicking, shoving or shaking the other party. No blood, stitches or bruising is required for a person to be convicted of either the Class A or B misdemeanor battery.
Charged with battery in Fort Wayne? Call (888) 912-7220.
If you have been charged with battery after a domestic incident with your spouse, significant other or person with whom you once shared a relationship in the Fort Wayne metropolitan area or surrounding counties, get immediate legal help. Call Arnold Terrill, P.C., to start protecting your rights and your future immediately.
Levels of domestic battery charges include:
- Class A misdemeanor battery: Penalties can include up to one year in jail plus a $5,000 fine.
- Class B misdemeanor battery: Jail time increases to up to 180 days and a fine up to $1,000.
- Class D felony domestic battery: Charged if there has been a prior conviction, resulting in a minimum sentence of six months in a state prison.
- Class C felony domestic battery: Charged if there is serious bodily injury or if battery involved the use of a weapon.
- Class B and A felony domestic battery: Charged in the event of very serious bodily injury with the use of a weapon. Class B and A felonies may also be charged if the victim is less than 14 years of age (in cases of child abuse).
- Please be aware that effective July 1, 2014, the Indiana Criminal Code is revised to include a new sentencing structure. Class A through D felonies are replaced with Levels 1 through 6 felonies.
The Law Is Constantly Changing & Evolving
We invite you to contact Arnold Terrill, P.C., to discuss possible defenses to a charge of battery, such as self-defense, parental authority, or others. Having a criminal defense lawyer who understands the criminal justice process and is up to date on the laws and sentencing guidelines is critical to an effective defense. We represent clients charged with domestic battery in counties throughout Indiana.
Please call us at (888) 912-7220 or fill out our online form to arrange an initial consultation with an attorney at Arnold Terrill, P.C. right away.
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