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Battery Laws in Indiana

How battery is charged in Indiana, whether it is a misdemeanor or felony, and the maximum penalties, from the state criminal code.

Short answer: Battery is knowingly or intentionally touching another person in a rude, insolent or angry manner, a Class B misdemeanor. Ind. Code §§ 35-42-2-1(c)(1), (d), (e)(3); 35-42-2-1.5, as quoted in Culvahouse v. State, No. 25A-CR-1437 (Ind. Ct. App. Dec. 11, 2025) (mem.), Anders v. State, No. 25A-CR-3171 (Ind. Ct. App. June 22, 2026), and McCaster v. State, No. 25A-CR-2788 (Ind. Ct. App. May 22, 2026) (mem.)

BatteryBattery is knowingly or intentionally touching another person in a rude, insolent or angry manner, a Class B misdemeanor. It is a Class A misdemeanor when it results in bodily injury, and a Level 6 felony (6 months to 2.5 years) when committed by a person 18 or older against a child under 14. Knowingly or intentionally inflicting injury that creates a substantial risk of death is aggravated battery, a Level 3 felony.
Anders: https://public.courts.in.gov/Decisions/api/Document/Opinion?Id=BfQnk0Z5A-1uqdi8v-Z20nByPke9r_zuzPRGSvhiia-zZ1LsN6fB0YRiVZti8Gx10 ; McCaster: https://public.courts.in.gov/Decisions/api/Document/Opinion?Id=mNx3DVxgeKGVcDXEmg-I3CkSlxyt69PKym4KW4TmYxFVdSAu1i4iyUoZpGgmBnme0 . Penalty ranges (Ind. Code §§ 35-50-2-4.5 to -7, 35-50-3-2 to -4, per the IPDC sentencing chart and Mitchell v. State, No. 24A-CR-2809 (Ind. Ct. App. June 24, 2025)): Class A misdemeanor up to 1 year and $5,000; Class B up to 180 days and $1,000; Class C up to 60 days and $500; Level 6 felony 6 months to 2.5 years (advisory 1 year); Level 5, 1 to 6 years; Level 4, 2 to 12 years; Level 3, 3 to 16 years; Level 2, 10 to 30 years; felony fines up to $10,000. Code §§ 35-50-2-4.5 to -7 and 35-50-3-2 to -4 (Class A misdemeanor up to 1 year/$5,000; Class B up to 180 days/$1,000; Class C up to 60 days/$500; Level 6 felony 6 months-2.5 years; Level 5 1-6 years; Level 4 2-12 years; Level 3 3-16 years; Level 2 10-30 years; felony fines up to $10,000). Re-verified 2026-10-27.
Source: Ind. Code §§ 35-42-2-1(c)(1), (d), (e)(3); 35-42-2-1.5, as quoted in Culvahouse v. State, No. 25A-CR-1437 (Ind. Ct. App. Dec. 11, 2025) (mem.), Anders v. State, No. 25A-CR-3171 (Ind. Ct. App. June 22, 2026), and McCaster v. State, No. 25A-CR-2788 (Ind. Ct. App. May 22, 2026) (mem.)

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FAQ

Is battery a felony in Indiana?
Battery is knowingly or intentionally touching another person in a rude, insolent or angry manner, a Class B misdemeanor. It is a Class A misdemeanor when it results in bodily injury, and a Level 6 felony (6 months to 2.5 years) when committed by a person 18 or older against a child under 14. Knowingly or intentionally inflicting injury that creates a substantial risk of death is aggravated battery, a Level 3 felony.
Can I get a court-appointed lawyer for battery in Indiana?
Indiana's rule on court-appointed lawyers: Before public defense counsel is assigned, the court must find the defendant indigent; the judicial officer then assigns counsel. If the court finds the person is able to pay part of the cost of representation, it shall order a fee of $200 for a felony action or $100 for a misdemeanor action; other statutes allow courts to order reimbursement of reasonable attorney's fees and costs at any stage after determining ability to pay. Costs must be reasonable and not more than the cost of representation, and a court may not order an indigent defendant to pay based on possible future earnings. Ind. Code §§ 35-33-7-6(c), 33-40-3-6, 33-37-2-3; Davis v. State, 843 N.E.2d 65 (Ind. Ct. App. 2006)
How much does a lawyer for battery cost in Indiana?
Lawyers set their own fees, and Indiana has rules on how they may charge. See hiring a criminal defense lawyer in Indiana for fee rules, how to check a lawyer's license and free help.
What happens after an arrest for battery in Indiana?
How release before trial works in Indiana: Under Indiana Criminal Rule 2.6 (effective January 1, 2024), a court should release an arrestee who does not present a substantial risk of flight or danger to self or others without money bail or surety, subject to conditions the court sets. This does not apply to arrestees charged with murder or treason, on pretrial release for an unrelated incident, or on probation, parole or other community supervision. In assessing risk, the court should use the results of an evidence-based risk assessment approved by the Office of Judicial Administration plus other relevant information, but need not run an assessment first if that would delay release. If money bail is required, the court sets the amount and decides whether a surety bond and/or cash deposit may satisfy it, and may accept a partial cash deposit. Cash bail deposits may be retained to pay fines, costs, fees, restitution and publicly paid costs of representation. Ind. Crim. Rule 2.6(A)-(C); Ind. Code § 35-33-8-3.2(a) What happens after an arrest.
Can a conviction for battery be removed from my record in Indiana?
Each state sets its own rules for sealing or expunging records. See Indiana expungement and record sealing rules.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.