Domestic battery is described as any deliberate unlawful touching that is harmful and offensive. This often involves family violence, child abuse, and spousal abuse. A battery may become a felony for a variety of reasons, depending on the severity of the injury or if it involves specific types of victims (like police officers and law enforcement officers) or the use of firearms. If you have been involved in a domestic battery case, call our Elkhart criminal defense lawyers right away.
Included in this article are the following :
– When battery charges have been filed due to infliction of bodily harm
– Difference between causing serious physical injury and aggravated battery
When battery charges have been filed due to infliction of bodily harm
As the severity of the injuries caused by felony battery increases, the punishment becomes more severe. If it is established that the offender intended to inflict actual injury, the penalties are often increased.
Difference between causing serious physical injury and aggravated battery
In Indiana, if a simple battery causes severe physical harm, as described by the state law, it is classified under Level 5 felony. This includes excruciating discomfort, insensibility, impairment of a body part over an extended period of time, disfigurement that is severe and irreversible, death of a fetus, and any circumstance that puts a person in danger of dying.
However, if you deliberately or knowingly hurt someone in such a way that comes with a significant risk of death, severe physical disfigurement, or impairment, you may be charged with Level 3 aggravated battery.
The distinction between these two forms of battery is determined by the motive to harm rather than the severity of the physical injury. The prosecutor must establish that the batterer intended to cause significant harm (not just that he knowingly behaved inappropriately that led to severe injury) before he can be convicted of aggravated battery.
Battery with the use of a dangerous weapon
Using deadly weapons to commit battery is still considered a Level 5 offense, regardless of any harm sustained. This includes the use of firearms, tasers and stun guns, and biological weapons.
Battery on victims who have been protected
If the perpetrator has been convicted of harming the same victim before, it is also classified under the category of felony charges. The same applies if the offense caused injuries to certain categories of victims, like a law enforcement officer, a minor, a mentally or physically disabled victim, a pregnant woman, or a member of a foster home. With severe injuries, the punishment for battery against these protected victims becomes more extreme.
Aggravated domestic battery
Domestic abuse (like battery against a family member) is a crime under certain conditions:
– If there is a prior record of domestic violence (such as strangulation)
– The defendant is above 18 years old and aware that a child below the age of 16 could witness the abuse
– The offense led to severe physical injury
Note that individuals who someone dated or were part of an intimate relationship with, blood relatives, immediate family members, and minors are considered household members.
Seek legal help and advice from Elkhart criminal defense lawyers
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