You might find yourself facing a battery charge in Indiana for any number of reasons. Perhaps you were falsely accused, acted out of self-defense, or simply caught up in the heat of the moment. Regardless, being arrested for battery is scary, and you need an attorney to protect against the lifelong damage of a violent conviction.

Battery defense lawyer Allison Chopra has experience handling these cases as a former prosecutor and a dedicated defense attorney. If you need someone to fight on your side, you’ve come to the right place. Call (812) 671-0103 to get started on your battery defense today.

Legal Help for Bloomington Battery Charges

Battery charges are listed in 35-42-2 of the Indiana Code. According to the law, battery refers to either of the following in a rude, insolent, or angry manner:

  • Touching another person or
  • Placing any bodily fluid or waste on another person.

At Chopra Criminal Defense, we can defend against any Indiana battery charge or related offense, including:

  • Simple battery
  • Domestic battery
  • Aggravated battery
  • Battery resulting in bodily injury
  • Related offenses such as strangulation, criminal recklessness, and hazing

Penalties for Battery in Indiana

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 charges are 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.

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Why Hire an Indiana Battery Lawyer?

Battery cases can be complicated because many times, no one is entirely innocent or guilty. Both parties could have contributed to the battery offense—the “victim” might’ve even started it. But when you’re the one facing criminal charges, proving your side of the story can be an uphill battle in court. You need the help of a defense lawyer in order to defend your character and advocate for your best interests.

Bloomington battery crimes attorney Allison Chopra is here to listen to you without judgment, crafting a personalized defense to protect you against a serious conviction. With her years of experience as a former prosecutor, Allison has the unique ability to anticipate the other side’s arguments in a battery case and the most effective defense strategies.
Even if the evidence against you is too strong, Allison can negotiate with prosecutors to reduce or even dismiss your charges so you can move on with your life as quickly as possible. You deserve to clear your name and put the past behind you. Finding an attorney is your best bet.

Common Defenses to Battery Charges

No two defenses are the same because no two battery cases are alike. Your case deserves full legal insight and guidance beyond the bare minimum. At Chopra Criminal Defense, we will thoroughly evaluate your battery charges and work with you to build the best defense, incorporating arguments such as:

  • You were acting out of self-defense
  • Evidence was obtained during an unlawful search and seizure
  • You did not knowingly or intentionally commit a battery offense
  • You committed the act in a manner that was not rude, insolent, or angry

We will work tirelessly to undermine the prosecution’s case, utilizing discovery to determine what evidence they have against you before we continue. We may be able to attack the victim’s credibility by pointing out inconsistencies in their story, filing a motion to suppress evidence, or bringing in witnesses of our own to testify on your behalf and help convince the courts you are not guilty.

Battery Defense Lawyer Allison Chopra Will Fight for You

Hiring an attorney with experience on both sides of the courtroom has a lot of value. As a former prosecutor, Allison Chopra understands how Indiana prosecutors approach criminal battery cases and the most effective tactics to undermine their arguments. Allison will look at your case from every angle, set realistic expectations, and fight aggressively to get your charges reduced or dismissed.

Battery defense attorney Allison is uniquely equipped to secure your most desirable outcome.

Facing Battery Charges in Indiana? Call Allison Chopra Today.

Indiana prosecutors can be tough on battery crimes—you need someone more than willing to go up against them. Attorney Allison Chopra of Chopra Criminal Defense has experience prosecuting and defending battery cases and can help guide you through the legal process and build a solid defense.

For help fighting your battery charges, contact Chopra Criminal Defense at (812) 671-0103 and schedule a free, virtual consultation.