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CRIMINAL DEFENSE

BATTERY

Battery

Have you recently been charged with Battery?  Are you worried about what may or may not happen to you?  Do you need legal advice right now? Request a consultation below!

 

Indiana Code 35-42-2-1 Battery 

A person who knowingly or intentionally touches 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 commits battery, a Class B misdemeanor.

 

The offense is a Class A misdemeanor if it results in bodily injury to any other person; or is committed against a member of a foster family home (as defined in IC 35-31.5-2-139.3) by a person who is not a resident of the foster family home if the person who committed the offense is a relative of a person who lived in the foster family home at the time of the offense.

 

The offense is a Level 6 felony if it results in moderate bodily injury to any other person; the offense is committed against a public safety official while the official is engaged in the official's official duty; the offense is committed against a person less than fourteen (14) years of age and is committed by a person at least eighteen (18) years of age; the offense is committed against a person of any age who has a mental or physical disability and is committed by a person having the care of the person with the mental or physical disability, whether the care is assumed voluntarily or because of a legal obligation; the offense is committed against an endangered adult (as defined in IC 12-10-3-2); or the offense is committed against a member of a foster family home (as defined in IC 35-31.5-2-139.3) by a person who is not a resident of the foster family home if the person who committed the offense is a relative of a person who lived in the foster family home at the time of the offense; and results in bodily injury to the member of the foster family.

 

The offense is a Level 5 felony if the offense results in serious bodily injury to another person; the offense is committed with a deadly weapon; the offense results in bodily injury to a pregnant woman if the person knew of the pregnancy; the person has a previous conviction for a battery offense against the same victim; or against the same victim in any other jurisdiction, including a military court, in which the elements of the crime for which the conviction was entered are substantially similar to the elements of a battery offense; the offense results in bodily injury to a public safety official while the official is engaged in the official's official duties; a person less than fourteen (14) years of age if the offense is committed by a person at least eighteen (18) years of age; a person who has a mental or physical disability if the offense is committed by an individual having care of the person with the disability, regardless of whether the care is assumed voluntarily or because of a legal obligation; or an endangered adult (as defined in IC 12-10-3-2).

 

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