Felony-Level Battery Charges in Indiana

In Indiana, a battery charge can mean you’re facing anywhere from a possible Class B misdemeanor all the way up to a Level 2 felony conviction, depending on the circumstances of your case. This post will focus on what kinds of situations can result in a conviction across the various felony battery levels.

What is Battery? 

All levels of battery share at least one of these two types of prohibited behaviors: 

1. Touching someone in a “rude, insolent, or angry manner”
2. Placing “bodily fluid or waste” on someone else in a “rude, insolent, or angry manner” 

The differences in penalty levels generally depend on (a) what happens to the other person, (b) who that other person is, and, in some cases, (c) what the defendant allegedly knew about the “bodily fluid or waste” in cases where they’re accused of that form of battery. 

Felony levels in Indiana for battery go from the lowest felony (Level 6) to the highest (Level 1), though for most forms of battery, the highest felony level is a Level 2 felony. Penalties for a Level 6 felony conviction can be 6 months to 2-1/2 years in prison, while for a Level 2 felony, they can be from 10 to 30 years in prison. 

Here is a summary of the kinds of actions that can result in each type of felony battery charge.

Level 6 Felony Battery

• There is moderate bodily injury to the other person, or
• The victim is an on-duty public safety officer, or
• The victim is under 14, and the defendant is 18 or older, or
• The victim is physically or mentally disabled, and the defendant is their caregiver, or
• The victim is an endangered adult, or
• Where bodily fluid or waste was involved, the defendant knew or recklessly failed to know that the fluid or waste was infected with hepatitis, tuberculosis, or HIV.

Level 5 Felony Battery

• There is serious bodily injury to the other person, or
• A deadly weapon is used, or
• The victim is injured and is pregnant, and the defendant knew of the pregnancy, or
• The defendant has a prior conviction for battery against the same victim, or 
• The victim is an on-duty public safety officer and is injured, or
• The victim is under 14, and the defendant is 18 or olde,r and the victim is injured, or
• The victim is physically or mentally disabled, the defendant is their caregiver, and the victim is injured, or
• The victim is an endangered adult and is injured, or 
• Where bodily fluid or waste was involved, the defendant knew or recklessly failed to know that the fluid or waste was infected as described above, and the victim was a public safety officer. 

Level 4 Felony Battery

• There is serious bodily injury to an endangered adult. 

Level 3 Felony Battery

• There is serious bodily injury to a victim 14 or under, and the defendant is 18 or older. 

Level 2 Felony Battery

• The battery causes the death of a victim 14 or under, and the defendant is 18 or older, or
• The battery causes the death of an endangered adult. 

Domestic Battery 

In Indiana, battery against a household member is a separate crime that can result in charges that range from a Class A misdemeanor to a Level 2 felony. 

Aggravated Battery 

Serious forms of battery that cause long-term disfigurement, loss of bodily function, or the death of a fetus can result in Level 3 felony charges or Level 1 felony charges if it results in the death of a victim 14 years of age or younger where the defendant was 18 or older.

Razumich & Associates Can Help Defend You Against Battery Charges

If you’ve been charged with any level of battery in Indiana, whether felony or misdemeanor, you need the help of one of the experienced criminal defense attorneys from Razumich & Associates. We understand the different types of battery charges and will fight to defend you against the power of the state and its prosecutors. As a defendant, you have rights, and Razumich & Associates is here to protect those rights. Call us today at 317-449-8661 or use our contact form to schedule a free consultation to learn more about how we can help!