The Importance of a Strong Legal Defense

Sadly, 2015 was considered a record-breaking year for child abuse in Indiana. During the first five months of 2015, there were nearly 18,000 new children reported in need of social services due to child abuse, which was 26 percent higher from 2014. One of the ways child abuse occurs in Indiana, and for which the state legislature has enacted harsh penalties against, is the battery of a child. If you find yourself charged with this offense in the Central Indiana area, you should seek the assistance of aggressive Indianapolis child abuse attorney Chris Eskew of Eskew Law, as soon as possible.

Battery in General

Indiana law at Ind. Code §35-42-2-1 defines battery generally as the crime committed when a person knowingly or intentionally touches another person in a rude, insolent, or angry manner, or in a rude, insolent, or angry manner places any bodily fluid or waste on another person. At its simplest form, battery is a Class B misdemeanor punishable by jail time of not more than 180 days and a fine not exceeding $1,000 pursuant to Ind. Code § 35-50-3-3. If the conduct results in bodily injury to any other person, it is categorized as a Class A misdemeanor punishable by a jail term of not more than one year and a fine not exceeding $1,000. In any event, seeking the help of a knowledgeable Indianapolis battery of children defense lawyer is highly advised, as he or she can properly explain your available legal options should you find yourself charged with battery.

Battery of Children

The severity of the penalties rises significantly if the victim of a battery offense is a child. For instance, while simple battery is a Class B misdemeanor, battery committed by a person at least 18 years old against a person who is less than 14 years old is punishable as a Level 5 felony with a possible prison term of between one and six years, and a fine not exceeding $10,000, as provided by Ind. Code § 35-50-2-6.

Additionally, the severity of the injury caused by the battery also drastically increases the severity of the potential penalties. If the battery committed by a person at least 18 years old against a person who is less than 14 years results in serious bodily injury, it is a Level 3 felony punishable, in accordance with Ind. Code § 35-50-2-5 with a fixed prison term of between six and 20 years and a fine not exceeding $10,000. If such battery against a child results in death, then it is a Level 2 felony with a potential prison term of between one and 30 years and a fine not exceeding $10,000 as provided by Ind. Code § 35-50-2-4.5. For more legal information regarding battery of children specifically, contact Indianapolis child abuse lawyer Chris Eskew of Eskew Law.

Aggravated battery, pursuant to Ind. Code § 35-42-2-1.5, occurs when an individual knowingly or intentionally inflicts injury on a person that creates a substantial risk of death or causes:

• Serious permanent disfigurement;
• Protracted loss or impairment of the function of a bodily member of organ; or
• The loss of a fetus.

While aggravated battery is normally considered a Level 3 felony, it is considered a Level 1 felony – the most serious crime with the most severe potential penalties – if it results in the death of a child less than 14 years of age and is committed by a person at least 18 years of age. Such felonies are punishable by 20 to 50 years of imprisonment and a fine not exceeding $10,000.

Consult an Indianapolis Child Abuse Attorney Today

If you were charged with battery involving a child in Indianapolis and Central Indiana, you must contact an experienced child abuse defense attorney immediately. Having expert defense counsel at the outset of your case may help you achieve a positive outcome in the end. Call Eskew Law at 317-793-2325 or contact us online today. We will review your case and help you determine the best strategy for defending your case.