BATTERY, DOMESTIC BATTERY, SEXUAL BATTERY
THE PRIMARY BATTERY STATUTE IN INDIANA IS : 35-42-2-1
The Battery Offense in it’s fundamental format is defined as:
A PERSON WHO KNOWINGLY OR INTENTIONALLY TOUCHES ANOTHER PERSON IN A RUDE, INSOLENT OR ANGRY MANNER or (B) IN A RUDE, INSOLENT OR ANGRY MANNER PLACES ANY FLUID OR BODILY WASTE ON ANOTHER PERSON
COMMITS A CLASS ‘B’ MISDEMEANOR – WHICH IS PUNISHABLE UP TO 180 DAYS IN JAIL
PONDER WITH ME FOR A MOMENT:
How low of a standard that can be to charge someone with this offense. What constitutes ‘rude’? ‘Insolent’ ?
In today’s rather less than always amiable, forgiving climate…. tempers can and have flared for what should be resolvable issues.
With results too often deteriorating quickly – with not always the coolest heads prevailing.
Law Enforcement has a difficult time trying to make sense out of arguments, generally arriving after the fact.
And then must try to recreate what actually occurred and who is responsible ….. and for what ?
BATTERY BECOMES A CLASS A MISDEMEANOR – if it results in bodily injury (even minor injury) .
BATTERY IS A LEVEL 6 FELONY – if it results in moderate bodily injury, if the victim is under 14 . THE LEVEL 6 FELONY CARRIES UP TO 2 AND 1/2 YEARS IN JAIL
BATTERY AS A LEVEL 5 FELONY – Involves SERIOUS BODILY INJURY, OR IF A DEADLY WEAPON IS INVOLVED OR IF THE VICTIM WAS PREGNANT, OR A PRIOR CONVICTION INVOLVING SAME VICTIM . Up To 6 Years in Jail.
BATTERY AS LEVEL 3 AND LEVEL 4 – INVOLVE ENDANGERED ADULTS OR VICTIMS UNDER 14.
DOMESTIC BATTERY in Indiana Code had a SIGNIFICANT REWRITE in 2016 (Indiana Code 35-42-1-1.3)
INCLUDES THE LANGUAGE OF TOUCHING IN A RUDE INSOLENT OR ANGRY MANNER –
( but has a variety of additional penalties not encompassed in the simple Battery Statute )
The Language of “spouse or living as if spouse’ was removed from the Statute – and the new statute became much broader. The stated purpose of this change in the statutory breadth was to make clear that this Statute does indeed apply to any household member
THE OFFENSE NOW INVOLVES THE ‘ TOUCHING OF A FAMILY OR HOUSEHOLD MEMBER ‘
The rewrite of the Code also criminalizes placing bodily waste on a family or household member in a rude, insolent or angry manner’ as a form of Domestic Battery ‘.
TO BE CHARGED WITH, LET ALONE CONVICTED OF DOMESTIC BATTERY :
Can Have LIFELONG CONSEQUENCES. It can, needless to say, disrupt your entire life, particularly if convicted. It can effect your entire family relationship. It can and will seriously impact, if not eliminate for a period of time, visitation with your children.
IT CAN PREVENT YOU FROM OWNING ANY FORM OF WEAPON, FOR YEARS TO COME.
IN ADDITION TO THESE ABOVE CONSEQUENCES – THE PENALTIES CAN BE STAGGERING:
Class A Misdemeanor Conviction – Carries up to One Year in Prison, and if granted probation some form of Domestic Abuse Counseling and/or Domestic Abuse Intervention Program is very often ordered by the Court.
Level 6 Felony: When there has been a previous unrelated conviction, or if in the presence of a minor under 16 years old, and other factors.
Carries up to 2 and 1/2 years incarceration, and up to a $10,000.00 fine.
Level 5 Felony: If serious bodily injury is involved, or committed with Deadly Weapon, or injury to a pregnant family member, or if you have a Prior
Conviction on the same family member or household victim. Carries up to 4 and 1/2 years incarceration.
The Domestic Battery Offense go up to Level, 4, Level 3, Level 2 as well depending upon the injury and the family member involved.
SEXUAL BATTERY – Is Considered Primarily a Sex Offense, WITH LANGUAGE TRACKING BATTERY
STIGMA TO EVEN BE CHARGED WITH THIS OFFENSE, EVEN IF NOT CONVICTED. THAT STIGMA CAN LAST FOR YEARS.
SEXUAL RELATED BATTERY / FONDLING/ TOUCHING – CAN CAUSE A PERSON TO BE ON THE INDIANA SEX OFFENDER REGISTRY FOR YEARS – OR EVEN FOR A LIFETIME, DEPENDING ON THE TYPE AND SEVERITY OF THE ALLEGED CONDUCT.
SEXUAL BATTERY – INDIANA CODE: 35-43-4-8 (A) LEVEL 6 FELONY : When a person with the intent to arouse or satisfy the person’s own sexual desires or the sexual desires of another person: (1) touches that person when that person is : (A) compelled to submit to the touching by force or the imminent threat of force, or (B) so mentally disabled or deficient that consent to the touching cannot be given, or (2) Touches another persons genitals, pubic area, buttocks, or female breast when that person is unaware that the touching is occurring. COMMITS SEXUAL BATTERY AS A LEVEL 6 FELONY.
IF THE VICTIM WAS DRUGGED (often Referred to as date rape statutes) and you supplied or knew victim was under the influence. IT IS NOW A LEVEL 4 FELONY – which carries 2- 12 years in prison.
THERE ARE A WHOLE HOST OF OTHER CHARGES IN THE INDIANA CODE WITHIN THE PURVIEW OF SEXUAL BATTERY, which will be dealt with in other sections of our website. Suffice it to say for the moment – BEFORE YOU MAKE ANY STATEMENT TO LAW ENFORCEMENT REGARDING ANY ALLEGATION SIMILAR TO WHAT YOU SEE ON THESE PAGES ….. SPEAK WITH AN ATTORNEY WHO HAS DEALT IN THIS AREA. YOU MAY HAVE NO IDEA WHAT THE ALLEGATIONS AGAINST YOU ACTUALLY ARE – SILENCE, UNTIL YOU KNOW MORE, WILL GENERALLY BE THE PRUDENT AVENUE.
WE HAVE REPRESENTED FOLKS FOR OVER 25 YEARS
FACING THESE KIND OF PROFOUND CONSEQUENCES AND POSSIBLE PENALTIES.
DUE TO THE NATURE OF THESE OFFENSES –
IT IS NOT UNCOMMON FOR PROSECUTORS TO ‘OVERCHANGE’ THE LEVEL OF OFFENSE.
YOU SHOULD NOT TRY TO DEAL WITH THESE SERIOUS CONSEQUENCES ON YOUR OWN.