Serious Bodily Injury in a Battery Case

There are several different levels of the crime of battery in Indiana. Essentially, the level of battery a defendant can be convicted of depends in part on how much injury the victim suffered as a result of the defendant’s actions. Where the battery results in bodily injury to the victim, it can be a Class A misdemeanor. But where the battery causes “serious bodily injury,” the crime rises to the level of a felony – anywhere from a Level 5 felony to a more serious Level 3 felony, depending on the type of victim. 

So what does “serious bodily injury” mean in the context of Indiana’s battery statute? 

Indiana law defines “serious bodily injury” as injury that creates a “substantial risk of death,” or that causes any one of the following:

• Serious permanent disfigurement
• Unconsciousness 
• Extreme pain
• Permanent or long-term “loss or impairment” of the functioning of a “bodily member or organ” 
• Loss of a fetus

While these defined terms help establish what “serious bodily injury” means, some also leave room for interpretation. Not everybody will agree on what a “substantial risk of death” means – prosecutors may argue that one type of injury created a substantial risk of death, while it may also be possible to argue that it did not. Similarly, what “extreme pain” means can differ depending on the individual. 

What is clear is that if you have been accused of battery involving “serious bodily injury,” you need an experienced criminal defense attorney to help you defend yourself. Conviction of a Level 5 felony can result in a prison sentence of anywhere from 1 to 6 years, and a Level 3 felony can land you in prison for 3 to 16 years.  

Razumich & Associates Can Defend You Against Battery Charges

If you have been charged with battery involving “serious bodily injury,” you need the help of an experienced criminal defense attorney. The lawyers at Razumich & Associates regularly defend clients accused of all types of crimes, including battery, in courts all across Indiana. 

We know how prosecutors think, how the courts work, and what arguments judges and juries consider effective. Call us to find out how we can help you if you have been charged with battery or any other crime. You can reach us at 317-983-5333 or by filling out our contact form. We will schedule a consultation where you can tell us about the charges you are facing, and we can explain how we are ready to fight for your rights and your future.