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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.
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.
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.