What to Do If You're Charged with Battery in Indiana
Introduction: When Protecting Yourself Leads to Criminal Charges
Being charged with battery in Indiana is a serious matter with lasting consequences. Whether it’s a misunderstanding, a heated argument that got out of hand, or a situation where you were defending yourself, knowing how to respond is crucial. The actions you take immediately after the charge can shape the outcome of your case.
If you’ve been charged with battery in Indiana, here’s what you need to know—and what to do next.
Understanding Battery Charges in Indiana
Battery, under Indiana Code § 35-42-2-1, involves knowingly or intentionally touching another person in a rude, angry, or insolent manner.
Levels of Battery Charges:
Class B Misdemeanor: Basic battery with no injury.
Class A Misdemeanor: Battery resulting in bodily injury.
Level 6 Felony: Battery against certain protected individuals (e.g., minors, police officers), or involving moderate bodily injury.
Level 5 Felony and above: Battery involving serious bodily injury, deadly weapons, or prior battery convictions.
Each level carries increasing penalties—understanding exactly what you’re facing is key.
Immediate Steps to Take After Being Charged
1. Stay Calm and Exercise Your Right to Remain Silent
Don’t explain, justify, or argue with law enforcement. What you say can and will be used against you. Simply say, “I’d like to speak with an attorney,” and stay quiet.
2. Seek Medical Attention (If Applicable)
If you or anyone else involved was injured, get medical care. Medical records could later support your side of the story—whether it’s evidence of your injuries or proof you were defending yourself.
3. Document Everything
Write down your recollection of the event while it’s still fresh:
What happened?
Where and when?
Who was involved or present?
What did each person say or do?
Also preserve any relevant photos, videos, texts, or other physical evidence.
4. Contact an Experienced Indiana Criminal Defense Attorney
Don’t try to go it alone. A qualified attorney can help you navigate the system, protect your rights, and begin crafting your defense immediately.
What Your Attorney Will Do
✅ Protect Your Rights
From unlawful searches to improper questioning, your attorney will ensure your constitutional rights are upheld at every stage.
✅ Investigate the Allegations
A skilled attorney will gather evidence, review police reports, talk to witnesses, and spot weaknesses in the prosecution’s case.
✅ Build a Strong Defense
Depending on the facts, potential defenses include:
Self-defense
Defense of others
Lack of intent
Mistaken identity
No physical contact occurred
✅ Negotiate with Prosecutors
In some cases, charges can be reduced or dismissed. A good attorney knows how to negotiate effectively.
✅ Represent You in Court
From arraignment to trial, your lawyer will speak on your behalf and work to achieve the best outcome possible.
What Not to Do
❌ Do Not Contact the Alleged Victim
Even if you think a conversation will clear things up, contact can be interpreted as witness tampering—or worse, a violation of a protective order.
❌ Do Not Talk About the Case
Keep the details between you and your lawyer. Friends, family, and social media are not safe spaces.
❌ Do Not Miss Court
Missing court can lead to a warrant for your arrest and additional penalties.
Potential Penalties for Battery in Indiana
The exact penalties depend on the level of the charge, but here’s a general breakdown:
Jail Time: Ranges from 180 days (misdemeanor) to multiple years (felony).
Fines: Can range up to $10,000.
Probation or community service
Court-ordered anger management or substance abuse programs
Restitution to the victim
Long-Term Consequences:
A permanent criminal record
Difficulty finding housing or employment
Loss of firearm rights in some cases
Immigration consequences for non-citizens
Conclusion: Protect Yourself with Immediate Legal Help
A battery charge in Indiana is nothing to take lightly. Your future, your reputation, and even your freedom may be on the line. Taking the right steps from day one—especially hiring a skilled Indiana criminal defense attorney—can make all the difference.
At Vining Legal, we’ve helped clients across Indiana fight battery charges with strong, strategic defenses.
Charged with battery? Don’t wait. Call or text (317) 759-3225 or schedule your consultation online.
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