Indiana Battery Penalties
The penalties for a battery conviction in Indiana vary based on the severity and whether certain factors were present. These factors include whether the battery resulted in bodily injury, was committed against a household member, and more.
Here are the most common Indiana battery charges and their penalties:
Simple Battery in Indiana
Without any aggravating factors, battery (IC 35-42-2-1) is a Class B misdemeanor in Indiana. This entails 0 to 180 days in jail and a max fine of $1,000.
However, if a battery results in injury or is committed against a member of a foster family home (defined in IC 35-31.5-2-139.3), it will be charged as a Class A misdemeanor. This involves up to a year in prison and a max fine of $5,000.
If a battery results in “moderate” bodily injury, it becomes a Level 6 felony. This carries between six months to two years in prison and a fine of up to $10,000. If the offense results in “serious” bodily injury, simple battery will be considered a level 5 felony. This involves a prison sentence of one to six years and a fine of up to $10,000.
Domestic Battery in Indiana
If a battery is committed against a household or family member (IC 35-31.5-2-128), the offense is considered domestic battery (IC 35-42-2-1.3).
Unless additional circumstances exist, domestic battery is automatically a Class A misdemeanor in Indiana. If aggravating factors apply, you could face a felony.
Level 6 Felony
You could face a Level 6 felony for domestic battery if you have a previous conviction for battery or strangulation (defined in IC 35-42-2-9), the offense resulted in moderate bodily injury, or other factors apply. A level 6 felony carries a sentence of six months to two years in prison and a max fine of $10,000.
Level 5 Felony
If serious bodily injury to a family or household member occurs, the domestic battery becomes a level 5 felony. A level 5 felony carries one to six years in prison and fines of no more than $10,000 in Indiana.
Level 4 Felony
Level 4 felony domestic battery occurs if you seriously injure a household member who is also an endangered adult (as defined in IC 12-10-3-2). The penalties for a level 4 felony involve two to 12 years imprisonment and a maximum fine of $10,000.
Level 3 Felony
Level 3 felony domestic battery occurs when you are over the age of 18 and commit a battery offense against a household member under the age of 18. A level 3 felony conviction carries a prison sentence of three to 16 years and a fine of up to $10,000.
Level 2 Felony
Level 2 felony domestic battery occurs when a battery offense results in the death of someone under 14 if you are older than 18 or the death of an endangered adult. A level 2 felony conviction involves 10 to 30 years in prison and a max fine of $10,000.
Aggravated Battery Charges
Aggravated battery (IC 35-42-2-1.5) in Indiana is when “a person knowingly or intentionally inflicts injury on a person that creates a substantial risk of death or causes: (1) serious permanent disfigurement; (2) protracted loss or impairment of the function of a bodily member or organ; or (3) the loss of a fetus.”
If you’ve been charged with aggravated battery in Indiana, you face a Level 2 felony. This exposed you to 10 to 30 years imprisonment and a max fine of $10,000.
If the battery results in the death of a child younger than 14 while you are over 18, it is a Level 1 felony. This carries between 20 to 40 years in prison and up to $10,000 in fines.
