A basic battery charge means simply an unwanted touch of another person in a rude, insolent, or angry way. With cases that involve injuries to others, the stakes are much higher.
Bodily Injury is defined by law as “any impairment of physical condition, including pain.” I.C. 35-31.5-2-29. Moderate bodily injury is defined as any impairment of physical condition that includes substantial pain. I.C. 35-31.5-2-204.5. This definition leaves a lot of room for arguing by itself and the definition has not been substantially addressed by the appeals courts. It can be best understood as looking for injury more substantial than ordinary bodily injury, but less than serious bodily injury. Serious is defined as injury that creates a substantial risk of death or that causes: (1) serious permanent disfigurement; (2) unconsciousness; (3) extreme pain; (4) permanent or protracted loss or impairment of the function of a bodily member or organ; or (5) loss of a fetus. I.C. 35-31.5-2-292. This level of bodily injury is generally reserved for the worst injuries.
If you or someone you love is facing criminal charges for battery wiht bodily injury, contact us at 888-888-8980 for a consultation. Your future and your freedom deserve to be taken seriously.