Allegations that a person committed battery can occur in many different circumstances, but it often happens when there are also charges relating to domestic violence. These kinds of cases can be extremely complicated, often because one side will claim that there is a pattern of similar behavior. Charges of battery can also arise when the Department of Child Services (DCS) or Child Protective Services (CPS) are involved, sometimes as a means to discredit one of the parents. This can also happen in hotly contested divorces or child custody fights. This means If you have been charged with any kind of battery, it often means that it is one person’s word against the other. In some cases, self-defense might be a possible defense. In any event, if you have been charged with battery, you should contact Indianapolis criminal defense attorney Randall Parr today.
There are many different types of battery crimes in Indiana. Battery in Indiana is defined in the Indiana Code as knowingly or intentionally touching another person in a rude, insolent, or angry manner; or in a rude, insolent, or angry manner places any bodily fluid or waste on another person. This is a Class B Misdemeanor
It is a Class A Misdemeanor, though, if it results in bodily injury to another person, or if the battery is committed against a member of a foster family home by somebody who is not a resident in the home and if the person who committed the offense is related to a person who lived in the foster family home at the time of the offense.
Battery can be a Level 6 felony if the offense results in moderate bodily injury to any other person; or if the offense is committed against a public safety official while the official is performing their duties; or if the victim is less than 14 years old and the alleged defendant is at least 18; or if the offense is committed against a person of any age who has a mental or physical disability and is committed by a person who has the care of the person with the mental or physical disability; or against an endangered adult. Another category is if the battery is committed against a member of a foster family home by somebody who is not a resident in the home and if the person who committed the offense is related to a person who lived in the foster family home at the time of the offense, and result in bodily injury.
It is also a Level 6 felony if the person knew or should have known that the bodily fluid or waste placed on another person was injected with hepatitis, tuberculosis, or HIV.
Battery is a Level 5 felony if the offense results in serious bodily injury to another person, was committed with a deadly weapon, committed against a pregnant woman if the alleged defendant knew of the pregnancy, has a previous conviction for battery, results in bodily injury to a public safety official while the official is engaged in the official’s duties; is against someone less than 14 by a person at least 18; or against a person who has a mental or physical disability if the offense is committed by someone that has the care of the person with the disability.
*See complete Indiana Code for full description of all crimes and statutes. This is a partial listing only.