Level 3 felony aggravated battery is a serious violent crime. Often confused with assault, battery involves the unwanted and actual physical contact by the defendant against the alleged victim. Conversely, assault charges merely deal with the threat of a violent attack. Anytime one party is accused of touching another in a way that could be considered angry, rude, or insolent, battery charges may apply.
The penalties that come with a conviction could permanently alter the course of your life. It is important to understand the consequences you are facing and prepare the strongest defense strategy possible if you hope to clear your name of the charges against you.
Battery Can Be Charged as a Misdemeanor or a Felony
Under Indiana Code 35-42-2-1, battery is considered a wobbler offense. This means it can be prosecuted as either a felony or a misdemeanor, depending on the specific details of your case. Generally, if there are aggravating factors that apply, you can expect your charges to be elevated to the felony level. Some examples of aggravating factors in battery cases include:
- The alleged victim being a healthcare provider or school employee
- The alleged victim being younger than 14
- The alleged victim was in the care of the defendant
- The alleged victim being a firefighter, corrections officer, or police officer
- The alleged victim being pregnant
- The alleged victim having a mental or physical disability
- The defendant being considered a legal adult
- The alleged victim suffering serious bodily injury
- The battery causing the death of the alleged victim
- Whether the defendant has previously been charged with battery against the alleged victim
- Whether the defendant allegedly used a deadly weapon to commit battery
Criminal Consequences for an Indiana Battery Conviction
There are several potential penalties you could face if you are found guilty of battery in Indiana.
Misdemeanor Penalties
If you are charged with a misdemeanor battery offense, it could be categorized as a Class A or Class B misdemeanor. Class A misdemeanor convictions carry penalties that include $5,000 in fines and up to one year in county jail. Class B misdemeanor convictions are punishable by fines of up to $1,000 and up to 180 days in jail.
Level 3 Felony Penalties
A Level 3 felony battery charge occurs when you intentionally or knowingly cause severe injury to an individual under 14 years of age, and the defendant is 18 years or older. You could be sentenced to 16 years in an Indiana state prison and pay fines not to exceed $10,000.
Level 3 Felony Battery Charges Could Change Your Life
If you are found guilty of a Level 3 battery charge, your future could be in jeopardy. Not only could you be facing fines and jail time, but your criminal conviction will remain on your record and could result in collateral consequences that continue to affect you for years to come.
Wherever possible, work out a plea agreement with the prosecuting attorney to get the charges against you reduced to a less serious offense or dismissed altogether. Otherwise, be ready to present a powerful defense strategy if your Level 3 felony battery charges go to trial.