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Indianapolis Battery Attorney

Indianapolis Battery Attorney

Defending Yourself Against Battery Accusations in Indiana

Battery charges in Indianapolis can be severe legal matters that require a clear understanding of the law and your rights. When you or a loved one is charged with a battery offense in Indiana, it helps to have an Indianapolis battery attorney in your corner.

Knowing how battery is defined and treated under Indiana law is crucial, whether you are involved in a disagreement that escalated or facing false accusations. It will help you make informed decisions and get the right legal help if you need it.

Quick Summary:

  • Understanding how battery is defined and treated under Indiana law is essential, whether you are involved in a disagreement or facing false accusations.
  • Factors such as intent, the severity of the victim’s injury, use of weapons, victim’s vulnerability, and prior record play crucial roles in determining battery charges.
  • Battery offenses in Indiana carry varying penalties, ranging from misdemeanor to felony charges, depending on the severity of the offense and other factors involved.
  • Legal defenses against battery charges include self-defense, lack of intent, consent, and false accusations, which can help protect your rights and innocence.

What is Battery?

According to Section 35-42-2-1 of the Indiana Code, a battery occurs when someone knowingly or intentionally touches another person in a rude, disrespectful, or angry manner

Imagine walking down the street, and someone suddenly hits you for no reason. That would be considered a battery. It is not just about physical harm. It can also be about making someone feel uncomfortable or scared by touching them rudely or angrily. 

The following actions may constitute battery:

  • Slapping
  • Pushing or shoving
  • Kicking
  • Punching or hitting
  • Elbowing
  • Pulling or grabbing
  • Throwing or splashing bodily waste
  • Throwing objects or hitting another with an object

Dealing with battery charges can be complicated. It is critical to understand your rights and options. Battery is a serious accusation that could result in legal troubles.

What are the Key Factors in Determining a Battery Charge?

When determining a battery charge, there are a few crucial factors to consider. Here are the key things that can affect how a battery charge is decided:


One big factor is whether the person meant to hurt someone else. If they did something on purpose to cause harm, it could lead to a more severe charge.

Severity of the Victim’s Injury

Another factor is how badly the victim was hurt. If the injury is serious, the charge might be more severe.

Use of Weapons

If a weapon is involved in the battery, like a knife or a gun, it can make the charge more serious.

Victim’s Vulnerability

The vulnerability of the victim can also play a role. For example, if the victim was younger than 14 years old or someone with a disability, it could lead to harsher charges.

Prior Record

The person’s criminal record might also be considered. If they have a history of violence, it could impact the charges they face.

What the Legal Process Looks Like

By their nature, battery charges are often highly emotional. Once someone is arrested and charged, it is not easy for the other party to dismiss the charges just by asking the prosecutor. 

The decision to continue with the case is up to the prosecutor. They might even look for the alleged victims who do not want to be part of the case anymore. 

Your case could still go to trial even if the victim does not appear in court. If you rely on the hope that the victim will not show up in court, you could end up with a guilty verdict and possibly go to jail.

What are the Penalties for Battery in Indiana?

Battery is a severe offense in Indiana. It comes with penalties if found guilty. These penalties vary depending on the severity of the offense and other factors involved. It can range from a low-level misdemeanor to a very serious felony.

Here’s what you might face if you are convicted of battery in Indiana:

Class B Misdemeanor Battery

Class B misdemeanor battery occurs when someone intentionally touches another person inappropriately. This charge can lead to a maximum jail sentence of 180 days and/or a fine of up to $1,000.

Class A Misdemeanor Battery

Class A misdemeanor battery happens if the alleged victim suffers a bodily injury from the improper touch. This charge can result in up to one year in jail and/or a maximum fine of $5,000. 

If the improper touch does not cause injury but involves a special victim, like a police officer or state chemist, it is still considered a Class A misdemeanor.

Battery Causing Moderate Injury or Risk of Infection

This offense results in a Level 6 felony charge. That happens when the alleged victim suffers a moderate injury or if the defendant knew or should have known that their bodily fluid, like blood, could transmit serious diseases like HIV, hepatitis, or tuberculosis. 

A Level 6 felony carries a maximum prison sentence of two-and-a-half years and/or a fine of up to $10,000.

Battery Causing Serious Injury

This offense leads to a Level 5 felony charge. That occurs when the alleged victim sustains a serious injury, such as severe disfigurement, lasting loss of a body part, extreme pain, unconsciousness, or loss of a fetus. A Level 5 felony can result in up to six years in prison and/or a fine of up to $10,000.

Aggravated Battery Causing Serious Injury

Aggravated battery happens when someone purposely hurts another person, and the victim ends up with a severe injury. That is considered a Level 3 felony. If convicted, the person could face up to 16 years in prison and/or a fine of up to $10,000.

Battery Against Protected Victims 

Battery against protected victims occurs when someone with a previous battery conviction on their record allegedly commits battery again. 

That can happen against the same victim or specific protected individuals, such as public safety officials, children under 14, people with disabilities, pregnant women, or members of foster homes. This offense is treated as a felony.

Battery with a Deadly Weapon

Battery with a deadly weapon happens when someone uses a dangerous object, like a gun or a stun gun, to commit battery. That is always considered a Level 5 felony, regardless of the extent of the victim’s injuries.

What are the Legal Defenses Against Battery Charges in Indiana?

Facing battery charges can be scary, but there are legal defenses you can use to protect yourself. Here are some common defenses that might help you in your case:


If you were defending yourself from harm, you can argue self-defense. That means you were acting to protect yourself from being hurt by someone else.

Defense of Others

Like self-defense, you can also claim you were protecting someone else from harm. It could also be a valid defense if you were trying to keep another person safe from danger.

Lack of Intent

Sometimes, accidents happen. If you can show that you did not mean to harm anyone and that the touching was unintentional, it might help your case.


If the person you allegedly touched permitted you to do so, you can argue that it was not battery because they agreed to it.

False Accusations

Lastly, if you believe you have been wrongly accused of battery, you can defend yourself by presenting evidence that proves your innocence.

Parental Right to Discipline

Parental right to discipline means that as a parent, you are allowed to use physical force to discipline your child. However, this force should be reasonable and not too much. If you reasonably discipline your child, you will not face criminal charges.

Why Do I Need a Battery Attorney in Indiana?

Facing battery charges in Indiana can be a daunting experience. While it is possible to navigate the legal system on your own, there are several compelling reasons why having a battery attorney on your side can be highly beneficial:

  • Understanding the Law: Battery laws can be complex and confusing. We know the ins and outs of the law and can explain them to you in simple terms.
  • Protecting Your Rights: You have rights, and we will make sure they are protected. We will ensure that you are treated fairly throughout the legal process.
  • Building a Strong Defense: We will investigate your case, gather evidence, and build a strong defense strategy on your behalf. We will work to get the best possible outcome for you.
  • Reducing Penalties: If convicted of battery, we can help minimize your penalties. We will advocate for you in court and work to get the most favorable outcome possible.

While the decision to hire an attorney is ultimately yours, understanding the potential benefits of legal representation can help you make an informed choice. Even seemingly minor battery charges can have serious consequences. Seeking legal advice early can significantly improve your chances of a favorable outcome.

Call Our Indianapolis Battery Attorney Now!

Battery is a serious charge. If you or someone you know has been arrested for a battery offense, it would be wise to consult with our Indianapolis battery lawyers at Razumich & Associates, PLLC, to help build your defense. 

It is necessary to talk to witnesses and clarify any statements the alleged victim might have made to the police, especially if they are your friend or family member. 

You deserve to have your rights protected by a criminal defense law firm that will fight for you. 

Whether or not the victim cooperates with the prosecution, you deserve a strong defense. Take the first step in safeguarding your rights by scheduling a consultation with us today. Let us start protecting your freedom and future together.

Let Us Help You WIN Your Case!

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