In the State of Indiana, misdemeanor battery occurs when someone is touched in a rude, insolent, or angry manner. This always begins as a Class B misdemeanor, which carries a maximum penalty of 180 days in jail and a $1,000 fine.
Pretty much any disrespectful touching can qualify as a battery. The penalties can get more serious, however, if the alleged victim is harmed or injured.
The Difference Between Class B and Class A Misdemeanor Battery
For battery charges to be upgraded to a Class A misdemeanor, all it takes is for the alleged victim to report bodily injury. Indiana has defined bodily injury as “any impairment of physical condition, including physical pain.”
That means if the battered party experiences a stinging sensation or any other kind of ouch, the charges can be increased from a Class B to a Class A misdemeanor, which carries a maximum penalty of 365 days in jail and a $5,000 fine.
Not Every Unwelcome Touching Is a Crime
To amount to a battery, the physical contact is required to be rude, insolent, or angry. So let’s say you’re at a baseball game, and following a home run, you excitedly slap a fellow fan on the back in celebration. The fan might have a civil claim based on whatever injury they suffered, but you won’t be subject to criminal charges.
That said, if you have bad intent, all you need is a slight touching of another person, and you can be charged with battery. If the alleged victim reports pain, your charge can jump to a Class A misdemeanor.
If you have any questions about battery charges, misdemeanor or otherwise, give us a call at 317-632-3642 and remember—always plead the 5th!