Criminal Defense for Battery In Indianapolis, IN
Battery is a serious offense, with many different subcategories, each with different penalties. If you or someone you know is being charged with battery, call criminal defense attorney Alex Mendoza today to set up a consultation.
Get an Attorney
Battery
Battery is when a person intentionally touches another person in a “rude, insolent, or angry manner” and is typically classified as a Class B Misdemeanor. However, battery does become a Class A Misdemeanor if the touching results in bodily injury to the other person.
If you have been charged with battery, you need an aggressive criminal defense attorney. Call criminal defense attorney Alex Mendoza today.
Battery also includes the placing of any bodily fluid or waste onto another person. This is typically a Class B Misdemeanor.
However, if the person had knowledge of or recklessly failed to know that they had hepatitis, tuberculosis, or HIV at the time of the battery with bodily fluid, the offense is elevated to a Level 6 Felony. If this is the case and the offense is committed against a public safety official, it becomes a Level 5 Felony (I.C. 35-42-2-1).
On top of all of these different levels of battery, there are different types of battery. These include domestic, aggravated, and sexual battery.
Free Consultation
Free Consultation
Domestic Battery
Domestic battery occurs when a person intentionally touches their spouse (or a person living as a spouse) in a rude, insolent, or angry manner that results in bodily injury. A spouse, an ex-spouse, a person living as a spouse, a person who was previously living as a spouse, or two people who share a child qualify under this statute. Determining whether two people are or were “living as spouses” is dependent upon factors such as: duration of relationship, financial interdependence, whether they have children, evidence that they took steps to maintain a common household, etc. However, it is entirely possible for a person to be convicted of domestic battery due to living as a spouse with one person while still being married to another (Bowling v. State, 995 N.E.2d 715 (Ind. Ct. App. 2013)). Domestic battery is typically a Class A Misdemeanor. However, it can be enhanced to a Level 6 Felony if the batterer has a prior conviction of battery or if the battery is committed in the presence of a child 16 or younger (I.C. 35-42-2-1.3). According to Williams v. State (798 N.E.2d 457, 461 (Ind.Ct.App.2003)), the purpose of a separate offense for domestic battery is to act a disincentive for battery in a domestic setting. Have you been charged with domestic battery? Do not take it lightly. Call criminal defense attorney Alex Mendoza and set up a consultation today.
Aggravated Battery
Aggravated battery is when a person intentionally inflicts injury on a person, and that injury creates a risk of death, permanent disfigurement, loss or impairment of functioning of a bodily member or organ, or the loss of a fetus. All of these are Level 3 Felonies. However, if the aggravated battery results in the death of a child under the age of 14, it is a Level 1 Felony (I.C. 35-42-2-1.5).
If you or someone you know has been charged with aggravated battery, call Alex Mendoza, criminal defense attorney, today.
Sexual Battery
Sexual battery occurs when a person touches someone else with the intent to arouse or satisfy their sexual desire (or someone else’s), and the victim is threatened by force, mentally disabled to the extent that they cannot consent, or does not know it is happening. Sexual battery of this nature is typically a Level 6 Felony. However, if the batterer uses or threatens to use deadly force, is armed with a weapon, or knows the victim is drugged, sexual battery becomes a Level 4 Felony. It does not matter whether the batterer is the one who drugged the victim or someone else, if they are aware that the victim has been drugged (without the victims knowledge) then it still qualifies as a Level 4 Felony (I.C. 35-42-4-8).
Have you been charged with sexual battery? Do not delay, call criminal defense attorney Alex Mendoza right now.
Criminal Recklessness
Criminal recklessness occurs when a person recklessly and intentionally performs an act that creates a serious risk of bodily injury to another individual. This is typically a Class B Misdemeanor. However, if that person is armed with a deadly weapon or driving aggressively and injuries someone, criminal recklessness becomes a Level 6 Felony. If that person is shooting a firearm into a place where people gather (house, building, etc) or aggressively driving and kills someone, it becomes a Level 5 Felony (I.C. 35-42-2-2).
Criminal recklessness is a serious offense, and you will need the guidance of a criminal defense attorney. Call Alex Mendoza, criminal defense attorney, to set up a consultation.
Strangulation
Strangulation is a separate offense altogether. The statute states that if a person applies pressure to the throat/neck of another person, or obstructs the nose/mouth of another person in a way that obstructs normal breathing and/or blood circulation, and does so in a rude, insolent, or angry manner, they are committing a Level 6 Felony (I.C. 35-42-2-9).
Have you been convicted of strangulation, battery, or criminal recklessness? Call criminal defense attorney Alex Mendoza to set up a consultation.
Provocation
Strangely enough, provocation is an infraction under the same section as battery. Provocation occurs when a person recklessly or intentionally engages in activity likely to provoke a reasonable person to commit battery. Provocation is a Class C Infraction (I.C. 35-42-2-3).
Are you being charged with provocation? Do you feel that this is a wrongful accusation? Call criminal defense attorney Alex Mendoza to fight for your rights!
Let’s Fight Together
Related Services
Injury Law
Whether injured by negligence or intentional acts, our attorneys possess the skill to champion your case.
Car Accidents
Our skilled team offers relentless support and legal acumen in the wake of accidents, ensuring your voice is heard.
Criminal Mischief
Facing criminal mischief charges? Don't underestimate—reach out to attorney Alex Mendoza Law for guidance.
