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  5. What To Know About Criminal Battery In Indiana And Potential Defenses

What To Know About Criminal Battery In Indiana And Potential Defenses

On Behalf of Dixon & Moseley, P.C. | Feb 26, 2021 | Criminal Law

The crime of battery is much more common than an individual may think. While most of us may have an idea of what criminal battery is, or have at least heard the phrase, many fail to understand the complexities involved in the offense. For example, we often hear questions like “what are the penalties involved?” Or “is battery a misdemeanor or a felony?” or “are there any possible defenses?” In this blog, we look to answer these types of questions while providing a general overview of the crime and potential defenses.

The crime of battery is statutorily defined in Indiana. In general, the crime of battery involves the following elements: (1) a person; (2) knowingly or intentionally; (3) touches another person; (4) in a rude, insolent, or angry manner.1 A person can also be charged with the crime of battery if the following elements exist: (1) a person; (2) knowingly or intentionally; (3) in a rude, insolent, or angry manner; (4) places any bodily fluid or waste on another person.  Therefore, in order to be convicted of battery in Indiana, the State must prove, beyond a reasonable doubt, that an individual committed each of these elements.

The penalty for battery based on the elements listed above a class B misdemeanor. However, depending on the facts and circumstances of the case, the crime of battery can range from a B Misdemeanor all the way to a Level 2 Felony. For example, the crime of battery is a level 2 offense if, in addition to the elements listed above, it results in the death of: (1) a person less than fourteen (14) years of age if the offense is committed by a person at least eighteen (18) or (2) an endangered adult.2

In addition to the varying penalties for the crime of battery, there are different classifications of battery. To expand, statutory code elevates the crime of battery to domestic battery if, in addition to the elements listed above, the victim of the battery is a household or family member.3 Even more, statutory code elevates the crime of battery to aggravated battery if a person who 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.4

Due to the fact-sensitive nature of the crime of battery, listing all possible defenses is nearly impossible. However, there are a few common defenses worth pointing out in this blog. First, statutory code permits a parent to engage in reasonable discipline of their child. Thus, if a parent is facing battery charges against their child, a possible defense may be that of parental discipline. Another common defense is that of self-defense. A claim of self-defense requires the defendant to have acted without fault, been in a place where he or she is lawfully allowed to be, and been in reasonable fear of apprehension of bodily harm.

The above information is general in nature. It is important to know that criminal cases are usually complex matters, regularly turning on the specific facts of the case. Going through a criminal trial is scary. Moreover, individuals oftentimes feel alone or trapped when they find themselves in such situations. However, remember that you aren’t alone or trapped. You have rights and you have options. If you find yourself in trouble, skilled defense counsel is crucial to protect your rights. This blog is written by attorneys at Dixon & Moseley, P.C. who handle the full spectrum of criminal cases throughout Indiana. This blog is not intended as legal advice or a solicitation for services. It is an advertisement.

  • Ind. Code 35-42-2-1(c)(1).
  • Ind. Code 35-42-2-1(k)
  • Ind. Code 35-42-2-1.3
  • Ind. Code 35-42-2-1.5.
  • What Counts as Marital Property in Indiana?

    On Behalf of Dixon & Moseley, P.C. | Apr 19, 2026 | Uncategorized

    Executive Summary Indiana is a “one-pot” property state when it comes to marital property. This means that almost all property owned by either spouse at the time of the dissolution is included. Common types of marital property include property acquired during the marriage, property owned before the marriage, inheritances and gifts, retirement accounts and pensions, businesses, and debts and liabilities.…

    Parenting Time vs. Custody in Indiana: What Parents Confuse Most

    On Behalf of Dixon & Moseley, P.C. | Apr 15, 2026 | Uncategorized

    Executive Summary There are many differences and common misconceptions surrounding custody and parenting time. Custody, which is divided into legal custody and physical custody, deals with who has the authority to make major decisions about a child’s life and where the child primarily lives, respectively. Parenting time refers to the schedule of when each parent will physically spend time with…

    Can Custody Be Modified in Indiana? What Must Change

    On Behalf of Dixon & Moseley, P.C. | Apr 9, 2026 | Uncategorized

    Executive Summary Yes, custody can be modified in Indiana. Courts require a showing that modification of custody is in the best interests of the child and that there has been a substantial change in one or more statutory factors the court looks at when deciding custody. Some common examples of changes that warrant custody modification include a significant change in…

    How Indiana Judges Decide Child Custody—the “Best Interests of the Child” Standard

    On Behalf of Dixon & Moseley, P.C. | Apr 7, 2026 | Uncategorized

    Executive Summary When parents separate or divorce, child custody is often the most emotional and contested issue. In Indiana, judges do not award custody based on gender, income alone, or who “deserves” it more. Instead, courts apply a legal standard known as the “best interests of the child.” Courts consider 8 statutory factors to determine what custody arrangement is in…

    Is Indiana a 50/50 Divorce State? What the Law Really Says

    On Behalf of Dixon & Moseley, P.C. | Apr 5, 2026 | Uncategorized

    Executive Summary The short answer is no, Indiana is not a 50/50 divorce state, but it often starts out that way. Indiana does not require marital property to be divided equally in every divorce. Instead, Indiana follows the rule of equitable distribution, with a presumption that an equal division is fair unless evidence shows otherwise. The court looks at the…

    Step-Parent Adoption: How It Works in Indiana

    On Behalf of Dixon & Moseley, P.C. | Apr 5, 2026 | Uncategorized

    Stepparent adoption grants the same legal rights and responsibilities to a stepparent that a biological parent would have. In addition to meeting the requirements associated with any form of adoption, the stepparent must be leally married to the custodial parent to adopt their stepchild. The non-custodial biological parent of the child must consent to the adoption absent specific legal grounds…

    How Divorce Works in Indiana: Step by Step (2026 Guide)

    On Behalf of Dixon & Moseley, P.C. | Mar 24, 2026 | Uncategorized

    Executive Summary In order to divorce in Indiana, at least one spouse must meet the statutory residency requirement. There are numerous grounds recognized for divorce by Indiana courts, but the most common is irretrievable breakdown of the marriage. A spouse seeking a divorce must prepare a petition including information about any minor or dependent children they have, as well as…

    Indiana Guardianship Laws (2026): How to File, Costs, Types, and Alternatives

    On Behalf of Dixon & Moseley, P.C. | Mar 19, 2026 | Uncategorized

    Executive Summary A guardianship is a court supervised legal arrangement where a judge appoints a guardian to make decisions for someone that is incapacitated and unable to make decisions about their finances. To obtain a guardianship, a prospective guardian must file a petition for guardianship with the appropriate court, notify interested parties, and attend a hearing where a judge will…

    Indiana’s New Custody Law: What Parents Need to Know About Findings of Fact Executive Summary

    On Behalf of Dixon & Moseley, P.C. | Mar 17, 2026 | Uncategorized

    Indiana law now requires judges to explain child custody decisions in writing. As of July 1, 2025, Indiana courts must include written findings of fact and conclusions of law in final custody orders. This means judges can no longer issue unexplained custody rulings. Instead, they must clearly identify the evidence they relied upon and explain how it supports the custody…

    Protective Order in Indiana: Filing Online, What It Covers, and What Happens Next Executive Summary

    On Behalf of Dixon & Moseley, P.C. | Mar 12, 2026 | Uncategorized

    Indiana protective orders are civil court orders that can restrict contact, require someone to stay away from you, and impose other safety‑related conditions in situations involving domestic or family violence, sexual assault, stalking, harassment, or child sex grooming. In Indiana, petitions for protective orders can be filed through the state’s Protection Order E‑Filing Service, and once an order is issued,…

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