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Penalties for Simple Battery

Determined Defense Attorney Contests Penalties for Simple Battery in Indiana

Fort Wayne lawyer defends battery charges

Arguments can sometimes lead to physical altercations. Most of the time, these are relatively harmless, but even so, they can result in someone being charged with the crime of battery. At The Law Offices of Ryan E. Lackey, we understand how serious are the penalties for simple battery in Indiana, and you can count on us to provide the defense you need if you are charged with that crime in the Fort Wayne area.

Examples of simple battery

Simple battery may be defined as intentionally or knowingly touching someone or placing bodily fluids or waste on them in a rude, insolent or angry manner. Examples include:

  • Pushing
  • Punching
  • Pulling hair
  • Hitting with an object
  • Shooting
  • Spitting
  • Throwing or pouring blood

Related crimes include assault and domestic violence. If you’re charged with simple battery in the Fort Wayne area in these or any other ways, we are ready to defend you in court.

Can you go to jail if you are convicted of simple battery?

Even if you did not hurt anyone, if a court convicts you of simple battery, it may sentence you to up to 180 days, and if the victim suffered any pain or injury, up to a full year in prison. Jail time is mandatory when simple battery qualifies as a felony, which occurs in a number of situations. You face one to six years in prison for any of the following:

  • Inflicting an injury that causes unconsciousness, extreme pain, serious impairment, permanent or long-term impairment, or loss of a fetus, or creates a substantial risk of death
  • Using a deadly weapon
  • Injuring a woman you know is pregnant
  • Having been previously convicted of battery against the same victim
  • Injuring a protected person (other than a foster family member)

The penalties for placing bodily fluids or waste on a person may also increase if you knew, or were reckless in not knowing, that they came from someone infected with hepatitis, tuberculosis or HIV. 

Other criminal penalties for simple battery

If you commit a simple battery, you may be required to pay a fine, either in addition to or instead of jail time. The fine may be up to $1,000 if no injury occurred or $5,000 if some injury occurred. Paying a fine is an option that might save you from jail, even if you committed a more serious offense, since we might be able to plea bargain to reduce the charge.

Other consequences of simple battery

In addition to jail and fines, a conviction of simple battery can result in a criminal record that casts a shadow on your job prospects and reputation. We will do our best to help you avoid or, if that is not possible, minimize those effects, so that you can get a second chance.

Defending against simple battery charges

There are several possible defenses we might be able to assert on your behalf, such as:

  • Self-defense
  • Lack of intent
  • Lack of sufficient harm or other elements of the crime
  • Innocence
  • Suppression of unconstitutional evidence

We work hard to present the strongest defense I can on behalf of all of my clients.

Contact a determined Indiana simple battery defense attorney

If you are accused of simple battery in Indiana, The Law Offices of Ryan E. Lackey in Fort Wayne is ready to help. For a free consultation, please contact the firm online or call us at 260-222-7364.

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  • Fort Wayne Office
    1519 Spy Run Ave.
    Fort Wayne, Indiana 46805
    Phone: 260-437-0197
    Fax: 260-745-4703