Indiana criminal charge
Aggravated battery in Indiana
Aggravated battery is a criminal offense under Indiana law, defined by Ind. Code § 35-42-2-1.5. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Ind. Code § 35-42-2-1.5.
What is the penalty for aggravated battery in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 3 years to 16 years (Aggravated battery (base offense) — A person knowingly or intentionally inflicts injury creating a substantial risk of death or causing serious permanent disfigurement, protracted loss or impairment of a bodily member or organ, or loss of a fetus.; fixed term; advisory sentence 9 years) | presumptive | Ind. Code § 35-50-2-5 |
| Fine | up to $10,000 (Aggravated battery (base offense) — A person knowingly or intentionally inflicts injury creating a substantial risk of death or causing serious permanent disfigurement, protracted loss or impairment of a bodily member or organ, or loss of a fetus.) | discretionary | Ind. Code § 35-50-2-5 |
| Jail / prison | 20 years to 40 years (Aggravated battery resulting in death of a child — The aggravated battery results in the death of a child under fourteen years of age and is committed by a person at least eighteen years of age.; fixed term; advisory sentence 30 years; certain Level 1 felony child molesting offenses carry 20–50 years (IC 35-50-2-4(c))) | presumptive | Ind. Code § 35-50-2-4 |
| Fine | up to $10,000 (Aggravated battery resulting in death of a child — The aggravated battery results in the death of a child under fourteen years of age and is committed by a person at least eighteen years of age.) | discretionary | Ind. Code § 35-50-2-4 |
Applies to offenses committed after June 30, 2014 (P.L.158-2013).
How is aggravated battery classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Aggravated battery (base offense) | Level 3 Felony | A person knowingly or intentionally inflicts injury creating a substantial risk of death or causing serious permanent disfigurement, protracted loss or impairment of a bodily member or organ, or loss of a fetus. | Ind. Code § 35-42-2-1.5undefined |
| Aggravated battery resulting in death of a child | Level 1 Felony | The aggravated battery results in the death of a child under fourteen years of age and is committed by a person at least eighteen years of age. | Ind. Code § 35-42-2-1.5undefined |
Common questions about aggravated battery in Indiana
Is aggravated battery a felony or a misdemeanor in Indiana?
It depends on the circumstances: aggravated battery ranges from a Level 3 Felony to a Level 1 Felony in Indiana under Ind. Code § 35-42-2-1.5.
Aggravated battery (base offense): Level 3 Felony (Ind. Code § 35-42-2-1.5) · Aggravated battery resulting in death of a child: Level 1 Felony (Ind. Code § 35-42-2-1.5)
What are the penalties for aggravated battery in Indiana?
Which Indiana statute covers aggravated battery?
Aggravated battery is governed by Ind. Code § 35-42-2-1.5 (Aggravated battery).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.