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Battery Attorney in Indianapolis, IN

A battery charge can come out of a bar fight, a disagreement that got out of hand, a crowded event, or a situation where you were defending yourself. Battery in Indiana covers knowingly or intentionally touching another person in a rude, insolent, or angry manner, and the charge ranges from a misdemeanor to a serious felony depending on the injury, the people involved, and whether a weapon was used.

At its lowest level, battery is a Class B misdemeanor, carrying up to 180 days in jail. It becomes a Class A misdemeanor, carrying up to a year, when the touching results in bodily injury. Battery is a Level 6 felony when it causes moderate bodily injury, or when it’s committed against certain protected people, like a public safety official performing their duties, or against a child under 14 by an adult. It becomes a Level 5 felony, carrying one to six years, when it results in serious bodily injury or is committed with a deadly weapon, and the levels climb higher for serious injury or death involving a young child. Battery against a family or household member is charged separately as domestic battery, which carries its own consequences.

Many battery cases look very different once the full story comes out. The defense may focus on whether the person acted in self-defense or defense of someone else, which Indiana law recognizes when the force used is reasonable, whether witness accounts are consistent, what video from phones, businesses, or body cameras actually shows, and whether the injury claimed supports the level charged. The difference between bodily injury, moderate bodily injury, and serious bodily injury is often a central question, since it can decide whether a case is a misdemeanor or a felony.

At RileyCate, we defend battery charges at every level, from misdemeanor cases to felony charges involving serious injury or weapons. Depending on the facts, a case may be dismissed, reduced, resolved through diversion, or taken to trial. If the charge involves a spouse, partner, or family member, our Domestic Battery page covers the additional rules that apply.

Battery cases often come down to what really happened in a few seconds, and they reward attorneys who dig into the video and the witnesses and are ready to try the case. Will Riley and Russell Cate lead our criminal defense team. Russell Cate has more than 19 years of experience and has been selected as a Super Lawyer since 2013, and Will Riley’s Super Lawyers, Top 100 Trial Lawyers, and AV Preeminent recognition reflects the kind of trial-tested credibility that carries weight with prosecutors and judges alike.

Will and Russell personally oversee every case we take on, staffing it with the attorneys, associates, and staff the matter calls for based on its size and complexity, so you get responsive, informed representation from the outset.

Why Choose Us

Nobody plans to need a lawyer. When something goes wrong, what you need first is someone who will listen, tell you honestly where you stand, and take the next steps off your plate. That is how every case at RileyCate, LLC begins.

We represent individuals, families, and small businesses across Fishers, Indianapolis, and surrounding counties in personal injury and complex litigation, business and real estate disputes, criminal defense, and appeals.

Will Riley and Russell Cate personally oversee every matter, staffing each case to its size and complexity. Both are recognized as Super Lawyers and have argued before the Indiana Court of Appeals and Supreme Court. Will also holds an AV Preeminent rating from Martindale-Hubbell and a Top 100 Trial Lawyer designation.

We are trial-tested, not just settlement-focused. We have tried hundreds of cases, because insurance companies, opposing businesses, and prosecutors negotiate differently with a firm willing to go the distance.

About RileyCate

Simple battery is a Class B misdemeanor, carrying up to 180 days in jail. It’s a Class A misdemeanor with bodily injury, a Level 6 felony with moderate bodily injury or certain protected victims, and a Level 5 felony with serious bodily injury or a deadly weapon. Higher levels apply in some cases involving young children. An attorney can help you understand which level fits the facts.
Yes. Indiana defines battery as touching another person in a rude, insolent, or angry manner, so no injury is required for the lowest level, a Class B misdemeanor. The level of injury affects how serious the charge is, not whether a battery can be charged at all. An attorney can help you challenge whether the touching really meets the legal definition.
Bodily injury means any impairment of physical condition, including physical pain. Moderate bodily injury involves substantial pain, and serious bodily injury involves things like extreme pain, permanent disfigurement, or loss of a bodily function. These distinctions decide whether a case is a misdemeanor or a felony. An attorney can help you challenge whether the medical evidence supports the level charged.
Yes. Indiana allows a person to use reasonable force to protect themselves or someone else from what they reasonably believe is the imminent use of unlawful force. Self-defense generally isn’t available to someone who started the confrontation unless they withdrew. Once raised, the state has to disprove it. An attorney can help you gather the evidence that supports the claim.
Yes. Battery against a public safety official, like a police officer or firefighter, while they’re performing official duties is generally a Level 6 felony even without a serious injury, and it can be charged higher with injury or a weapon. These cases often depend on body camera footage. An attorney can help you review that footage and challenge how the encounter is described.
Not automatically. In Indiana, the prosecutor decides whether to file and pursue a battery charge, not the alleged victim. That said, a victim’s wishes and willingness to testify can influence how a case is resolved. An attorney can help you understand how the other person’s position may affect your case.
Depending on the county and the facts, a first-time misdemeanor battery charge may be eligible for pretrial diversion, which can lead to dismissal after you complete certain conditions, or for a plea to a lesser offense. These options aren’t automatic. An attorney can help you understand which options may be available and pursue the best one for your situation.
Often, yes. Indiana generally allows most misdemeanor convictions to be expunged after five years and most felony convictions after eight years, as long as you’ve stayed out of trouble and paid any fines and fees. Felonies involving serious injury may face longer waits. An attorney can help you understand when you might qualify.

If you’ve been charged with battery, the evidence in your case, including video and witness accounts, should be gathered and reviewed quickly. We offer a consultation to review the charges and explain your options. Reach out to RileyCate today to speak with a battery defense attorney.

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