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  1. #1
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    Jun 2008
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    Franklin, Indiana
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    Default Being Charged With Battery Of A Minor In Indiana

    Hello everyone I have a serious question and that is, what happens if you get charge with battery on a minor? Now the story part, I am 20 and my fiance is 17 and her parents are crazy I mean really crazy so we were wrestling at my grandpa's house during the day time and she gave me a dead leg so I turn around and gave her a dead arm. So the police have taken pics of that and another bruise that she hit the table trying to get the phone at our work. Now her dad is trying his hardest to press charges on me for something I never did which is battery on a minor. I am innocent and I have witnesses that can act in my defence so what will happen worst case or any? If you decide to post a comment please be serious and not trying to act cool I am very serious I don't know what to do and your help will help me and I appreciate your true comments. Thank you very much. Joshua

  2. #2
    Join Date
    Jul 2006
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    Default Re: Being Charge Of Battery On A Minor?

    It appears that it is a Class A misdemeanor.

    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; or
    (E) it is committed against a community policing volunteer:
    (i) while the volunteer is performing the duties described in IC 35-41-1-4.7; or
    (ii) because the person is a community policing volunteer;

    (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 his 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 35-41-1-4.7; or (ii) because the person is a community policing volunteer; or
    (M) a family or household member (as defined in IC 35-41-1-10.6) 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;
    (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 35-50-3-2

    Class A misdemeanor

    Sec. 2. A person who commits a Class A misdemeanor shall be imprisoned for a fixed term of not more than one (1) year; in addition, he may be fined not more than five thousand dollars ($5,000).

    ======================

    Obviously, if you are going to be charged a criminal defense attorney would be the person you would want to contact.

  3. #3
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    Franklin, Indiana
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    Default Re: Being Charge Of Battery On A Minor?

    Thank you very much. Is this Indiana law? Sorry to ask, but thank you.

  4. #4
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    Default Re: Being Charge Of Battery On A Minor?

    Quote Quoting Mind_Freak
    View Post
    Thank you very much. Is this Indiana law? Sorry to ask, but thank you.
    Yes, it is Indiana Code.

  5. #5
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    Franklin, Indiana
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    Default Re: Being Charge Of Battery On A Minor?

    Ok thank you I will be getting ahold of a criminal defense attorney asap. Thank you

  6. #6
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    Jun 2008
    Location
    Franklin, Indiana
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    Default Re: Being Charge Of Battery On A Minor?

    Now I have another question that is concerning how will I know if I am being charge with battery on a minor? Will the police come and arrest me or will I get a phone call or what? By the way where I live the police are dealing with the "100 year flood" that we had so I don't know if they are even going to mess with arresting me or not. Sorry if I am asking to many questions I am just stress out and trying to avoid jail time.

  7. #7
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    Default Re: Being Charge Of Battery On A Minor?

    Quote Quoting Mind_Freak
    View Post
    Now I have another question that is concerning how will I know if I am being charge with battery on a minor? Will the police come and arrest me or will I get a phone call or what? By the way where I live the police are dealing with the "100 year flood" that we had so I don't know if they are even going to mess with arresting me or not. Sorry if I am asking to many questions I am just stress out and trying to avoid jail time.
    Getting a lawyer before you know for sure that you are getting charged will not be necessary, IMO.

    The parents may make a police report and the police will question you and your gf, but this may not go any further than that. So sit tight and wait and see what happens.

  8. #8
    Join Date
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    Location
    Franklin, Indiana
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    Default Re: Being Charge Of Battery On A Minor?

    I am going to try. thank you again

  9. #9
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    Jun 2008
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    Franklin, Indiana
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    Default Re: Being Charge Of Battery On A Minor?

    Ok I am talking to my fiance on the phone and she is saying it will be assault on a minor. So what does the law say about that. Thanks

  10. #10
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    Default Re: Being Charge Of Battery On A Minor?

    Quote Quoting Mind_Freak
    View Post
    Ok I am talking to my fiance on the phone and she is saying it will be assault on a minor. So what does the law say about that. Thanks

    I quoted you the applicable law for assault. There isn't a separate charge specifically on "assault on a minor" than what I posted. It is covered under that code that I posted. (She is not under 14.....)

    Does she know a of a different Indiana code than what I found?

    You can look over the different types of charges here.

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