Violent Crimes – Murder & Battery

assault and battery criminal law attorney anderson indiana lawyer

BATTERY

Battery is a violent crime that is charged when the defendant is accused of purposefully causing harm to a victim. Although often charged along with the crime of assault, these are two separate offenses that carry distinctly different penalties. If you have been charged with battery, it is important to understand the allegations made against you, and the possible sentences you could receive.

Many times battery allegations are made because of a grudge or a verbal disagreement got out of hand. Police are called after the fact and they usually did not see, or cannot review, what actually happened. When it is just the accuser’s word against yours, it is important to hire a battery attorney quickly to preserve your rights and ensure that vital evidence is not lost. An experienced attorney will make sure that witness statements are taken quickly before what could have been a friendly witness forgets details of the incident or moves away. You deserve an attorney who will spend the time to develop your case and show the State and the Court what truly happened.

MURDER

Murder is an unlawful act that involves the killing of one individual by another. Murder is punished by life in prison or the loss of one’s life through the State’s hands.  An experienced an aggressive criminal law attorney will use numerous defenses such as self defense, insufficient proof or evidence, factual innocence, insanity and others to improve its outcome.

If you or someone you love is charged with Murder it is in your best interest to hire an experienced attorney immediately.  Attorney Dan Whitehead has experience defending individuals in these cases.

MANSLAUGHTER – VOLUNTARY and INVOLUNTARY

A person commits voluntary manslaughter when that person causes the death of another person, under circumstances which would otherwise be murder, if the person causing the death acts solely as the result of sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a person and there is not an interval between the provocation and the killing in which a person of ordinary reason and temperament would regain control and suppress the impulse to kill.

Involuntary Manslaughter is quite different from Voluntary Manslaughter. In Indiana, a person commits a class “D” felony when a person unintentionally causes the death of another person by the commission of a public offense other than a forcible felony or escape. Also, a person commits an aggravated misdemeanor when the person unintentionally causes the death of another person by the commission of an act in a manner likely to cause death or serious injury.

Because of the many types of charges, and at times prosecutors may use them all to find out which one may stick, it is of the utmost importance that you are using an attorney who understands the finer details of criminal law who passionately seeks to defend you.  Call the office today and don’t let your life rest in the hands of a public defender.

Type of Battery

There are several types of battery crimes in Indiana. Just to name a few, we have traditional Battery, Domestic Battery, Aggravated Battery, and really disturbingly – Battery by Body Waste. Even tattooing a minor is considered a form of Battery.

The Indiana Code, our Indiana State Laws, are as follows:

IC 35-42-2-1
Battery
 Sec. 1. (a) A person who knowingly or intentionally touches another person in a rude, insolent, or angry manner commits battery, a Class B misdemeanor. However, the offense is:
(1) a Class A misdemeanor if:
(A) it results in bodily injury to any other person;
(B) it is committed against a law enforcement officer or against a person summoned and directed by the officer while the officer is engaged in the execution of the officer’s official duty;
(C) it is committed against an employee of a penal facility or a juvenile detention facility (as defined in IC 31-9-2-71) while the employee is engaged in the execution of the employee’s official duty;
(D) it is committed against a firefighter (as defined in IC 9-18-34-1) while the firefighter is engaged in the execution of the firefighter’s official duty;
(E) it is committed against a community policing volunteer:
(i) while the volunteer is performing the duties described in IC 35-31.5-2-49; or
(ii) because the person is a community policing volunteer; or
(F) it is committed against the state chemist or the state chemist’s agent while the state chemist or the state chemist’s agent is performing a duty under IC 15-16-5;
(2) a Class D felony if it results in bodily injury to:
(A) a law enforcement officer or a person summoned and directed by a law enforcement officer while the officer is engaged in the execution of the officer’s official duty;
(B) a person less than fourteen (14) years of age and is committed by a person at least eighteen (18) years of age;
(C) a person of any age who has a mental or physical disability and is committed by a person having the care of the person with a mental or physical disability, whether the care is assumed voluntarily or because of a legal obligation;
(D) the other person and the person who commits the battery was previously convicted of a battery in which the victim was the other person;
(E) an endangered adult (as defined in IC 12-10-3-2);
(F) an employee of the department of correction while the employee is engaged in the execution of the employee’s official duty;
(G) an employee of a school corporation while the employee is engaged in the execution of the employee’s official duty;
(H) a correctional professional while the correctional professional is engaged in the execution of the correctional professional’s official duty;
(I) a person who is a health care provider (as defined in IC 16-18-2-163) while the health care provider is engaged in the execution of the health care provider’s official duty;
(J) an employee of a penal facility or a juvenile detention facility (as defined in IC 31-9-2-71) while the employee is engaged in the execution of the employee’s official duty;
           (K) a firefighter (as defined in IC 9-18-34-1) while the firefighter is engaged in the execution of the firefighter’s official duty;
            (L) a community policing volunteer:
                (i) while the volunteer is performing the duties described in IC 35-31.5-2-49; or
                (ii) because the person is a community policing volunteer;

            (M) a family or household member (as defined in IC 35-31.5-2-128) if the person who committed the offense:
(i) is at least eighteen (18) years of age; and
(ii) committed the offense in the physical presence of a child less than sixteen (16) years of age, knowing that the child was present and might be able to see or hear the offense; or
(N) a department of child services employee while the employee is engaged in the execution of the employee’s official duty;
(3) a Class C felony if it results in serious bodily injury to any other person or if it is committed by means of a deadly weapon;
(4) a Class B felony if it results in serious bodily injury to a person less than fourteen (14) years of age and is committed by a person at least eighteen (18) years of age;
(5) a Class A felony if it results in the death of a person less than fourteen (14) years of age and is committed by a person at least eighteen (18) years of age;
(6) a Class C felony if it results in serious bodily injury to an endangered adult (as defined in IC 12-10-3-2);
(7) a Class B felony if it results in the death of an endangered adult (as defined in IC 12-10-3-2); and
(8) a Class C felony if it results in bodily injury to a pregnant woman and the person knew the woman was pregnant.
(b) For purposes of this section:
(1) “law enforcement officer” includes an alcoholic beverage enforcement officer; and
(2) “correctional professional” means a:
(A) probation officer;
(B) parole officer;
(C) community corrections worker; or
(D) home detention officer.

IC 35-42-2-1.3
Domestic battery
 Sec. 1.3. (a) A person who knowingly or intentionally touches an individual who:
(1) is or was a spouse of the other person;
(2) is or was living as if a spouse of the other person as provided in subsection (c); or
(3) has a child in common with the other person;
in a rude, insolent, or angry manner that results in bodily injury to the person described in subdivision (1), (2), or (3) commits domestic battery, a Class A misdemeanor.
(b) However, the offense under subsection (a) is a Class D felony if the person who committed the offense:
(1) has a previous, unrelated conviction:
(A) under this section (or IC 35-42-2-1(a)(2)(E) before that provision was removed by P.L.188-1999, SECTION 5); or
(B) in any other jurisdiction, including a military court, in which the elements of the crime for which the conviction was entered are substantially similar to the elements described in this section; or
(2) committed the offense in the physical presence of a child less than sixteen (16) years of age, knowing that the child was present and might be able to see or hear the offense.
(c) In considering whether a person is or was living as a spouse of another individual for purposes of subsection (a)(2), the court shall review:
(1) the duration of the relationship;
(2) the frequency of contact;
(3) the financial interdependence;
(4) whether the two (2) individuals are raising children together;
(5) whether the two (2) individuals have engaged in tasks directed toward maintaining a common household; and
(6) other factors the court considers relevant.
As added by P.L.188-1999, SEC.6. Amended by P.L.47-2000, SEC.3; P.L.221-2003, SEC.18; P.L.129-2006, SEC.1; P.L.6-2012, SEC.225.

 

IC 35-42-2-1.5
Aggravated battery

     Sec. 1.5. A person who knowingly or intentionally inflicts injury on a person that creates a substantial risk of death or causes:
(1) serious permanent disfigurement;
(2) protracted loss or impairment of the function of a bodily member or organ; or
(3) the loss of a fetus;
commits aggravated battery, a Class B felony.

IC 35-42-2-6
Battery by body waste
 Sec. 6. (a) As used in this section, “corrections officer” includes a person employed by:
(1) the department of correction;
(2) a law enforcement agency;
(3) a probation department;
(4) a county jail; or
(5) a circuit, superior, county, probate, city, or town court.
(b) As used in this section, “firefighter” means a person who is a:
(1) full-time, salaried firefighter;
(2) part-time, paid firefighter; or
(3) volunteer firefighter (as defined in IC 36-8-12-2).
(c) As used in this section, “emergency medical responder” means a person who:
(1) is certified under IC 16-31 and who meets the Indiana emergency medical services commission’s standards for emergency medical responder certification; and
        (2) responds to an incident requiring emergency medical services.

    (d) As used in this section, “human immunodeficiency virus (HIV)” includes acquired immune deficiency syndrome (AIDS) and AIDS related complex.
(e) A person who knowingly or intentionally in a rude, insolent, or angry manner places blood or another body fluid or waste on a law enforcement officer, firefighter, emergency medical responder, corrections officer, or department of child services employee, identified as such and while engaged in the performance of official duties, or coerces another person to place blood or another body fluid or waste on the law enforcement officer, firefighter, emergency medical responder, corrections officer, or department of child services employee, commits battery by body waste, a Class D felony. However, the offense is:
(1) a Class C felony if the person knew or recklessly failed to know that the blood, bodily fluid, or waste was infected with:
(A) hepatitis B or hepatitis C;
(B) HIV; or
(C) tuberculosis;
(2) a Class B felony if:
(A) the person knew or recklessly failed to know that the blood, bodily fluid, or waste was infected with hepatitis B or hepatitis C and the offense results in the transmission of hepatitis B or hepatitis C to the other person; or
(B) the person knew or recklessly failed to know that the blood, bodily fluid, or waste was infected with tuberculosis and the offense results in the transmission of tuberculosis to the other person; and
(3) a Class A felony if:
(A) the person knew or recklessly failed to know that the blood, bodily fluid, or waste was infected with HIV; and
(B) the offense results in the transmission of HIV to the other person.
(f) A person who knowingly or intentionally in a rude, an insolent, or an angry manner places human blood, semen, urine, or fecal waste on another person commits battery by body waste, a Class A misdemeanor. However, the offense is:
(1) a Class D felony if the person knew or recklessly failed to know that the blood, semen, urine, or fecal waste was infected with:
(A) hepatitis B or hepatitis C;
(B) HIV; or
(C) tuberculosis;
(2) a Class C felony if:
(A) the person knew or recklessly failed to know that the blood, semen, urine, or fecal waste was infected with hepatitis B or hepatitis C and the offense results in the transmission of hepatitis B or hepatitis C to the other person; or

            (B) the person knew or recklessly failed to know that the blood, semen, urine, or fecal waste was infected with tuberculosis and the offense results in the transmission of tuberculosis to the other person; and
(3) a Class B felony if:
(A) the person knew or recklessly failed to know that the blood, semen, urine, or fecal waste was infected with HIV; and
(B) the offense results in the transmission of HIV to the other person.

 

If you are facing battery charges in Central Indiana, Anderson, Muncie, Noblesville, or another nearby town, get legal representation today.

Helping those arrested or charged in Madison County, Hamilton County, Delaware County, Marion County encompassing Muncie, Anderson, Noblesville, Fishers, Indianapolis, and all the areas in between.