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What Elevates a Battery Crime from a Misdemeanor to a Felony in Indiana?

When it comes to legal penalties, misdemeanors and felonies reside in two different worlds. The former is associated with minor offenses that register just above traffic tickets, while the latter means the possibility of hard time and other life-changing consequences. 

If you have been charged with battery in Indiana, it’s critical that you know how your offense is classified and how to respond to any battery charge.

Battery in Indiana, Defined

Indiana Code § 35-42-2-1(c) notes that prosecutors can file a battery charge against someone accused of:

  1. Touching another person in a rude, insolent, or angry manner
  2. Placing any bodily fluid or waste on another person in a rude, insolent, or angry manner


Not all battery charges in Indiana are the same, and there are several conditions in which a battery charge rises to the felony level.

What Elevates a Misdemeanor Battery Charge into a Felony?

If you slap someone and produce minimal injuries, you can be charged with battery. In this instance, you’re likely to face misdemeanor battery, a Class A Misdemeanor that may produce no jail time (though it could).

In more serious cases, you may face significant prison time after being charged with a felony-level battery offense. You may face felony-level battery if you’re accused of:

  • Striking a public official
  • Striking a member of a protected class
  • Committing aggravated battery
  • Committing battery with a deadly weapon
  • Striking a family member, spouse, roommate, or another individual that falls under the domestic category 


Factors that may affect the grading of your battery charge include the severity of resulting injuries, the alleged victim’s profession or identity status, and your relationship with the alleged victim.

A battery offense in Indiana may be a Level 1 Felony, though this is generally reserved for cases where a victim dies. Aggravated battery may carry a Level 3 Felony designation, while other felony battery offenses carry Levels 5 and 6 designations.

Razumich & Associates, P.C. Will Seek to Reduce or Dismiss Your Battery Charge in Indiana—Call Us Now

Being convicted of felony battery will change your life, and not for the better. You may face substantial prison time, fines, and a lasting mark on your reputation, making life far more difficult.

Razumich & Associates, P.C. provides the legal defense everyone in Indiana deserves. We’ll fight to reduce your charges, dismiss your case, or seek another best-case outcome. Call Razumich & Associates, P.C. today at 317-449-8661 or contact us online.

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