Assault and Battery Lawyer
Most states have both assault and battery laws in their criminal statutes, but the way that Indiana treats the crime of assault is unique. Assault laws in Indiana are not located in the criminal code, though that does not mean that assault is legal in Indiana. If you have been charged with assault and battery in Indiana, and you need an assault and battery lawyer, then call 317-721-4783 today.
Indiana Assault and Battery Laws
There are a range of potential consequences if you are convicted on an assault or aggravated assault, the below penalties are provided for reference only, and pertain to a first offense. It is essential that you talk with our attorneys about your specific criminal charges and case to understand the penalties you are facing. We handle all types of assault cases, including:
What Is Assault
“What is assault?” is a frequently asked question by those concerned with how their actions affect their fellow citizens or are just interested in learning more about some of the common ways the court can charge them with assault. An assault is defined as the unlawful act of causing physical damage or, in some legal definitions, an attempt or threat to commit such a crime against another individual. It is a criminal offense and, as such, can result in a civil lawsuit, criminal prosecution, or both.
Many people accused of assault are required to come to court, testify, or provide documentation of their statements to the police, which are then used to prove their innocence or guilt. Suppose you are asked to come to court on charges of assault. In that case, you should know that your case will most likely be very similar to the charges or any other criminal offense, even if the assault occurred in a different jurisdiction. In order to fight your case, you will need a criminal defense attorney to help you prove that you were not guilty of assault.
For many, defending themselves against charges of assault can be very challenging and stressful. You need to hire a qualified attorney to help fight your case to get the justice that you deserve. An experienced defense lawyer will know all the elements that can be used against you, as well as the laws in your state, to prove that the accusations against you are untrue.
What is Battery
The battery laws in Indiana are complicated at best. The State of Indiana defines battery as a person who 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. An example of battery would be if an individual would throw urine in the face of another person in the course of a fight. If you were to commit battery, you need to contact criminal defense attorney D Turner Legal at 317-721-4783 to speak with a battery defense attorney today!
Assault in Indiana can be treated as either a misdemeanor or felony. Simple assault is a misdemeanor punishable by up to six months in jail and fines. Aggravated assault can be a misdemeanor or a felony, punishable by jail or prison, and fines. Assault with the intent to commit a felony is a felony and punishable by state prison and fines. It is important to speak with an Indiana defense attorney if you are charged with either misdemeanor or felony assault.
In Indiana, according to Ind. Code § 35-42-2-1(a) a person commits battery by “knowingly or intentionally touching another person in a rude, insolent, or angry manner.” In short, battery occurs when there has been a conscious decision to touch another person in an improper manner without authorization.
In accordance with the criminal code, the crime of battery can be charged as either a misdemeanor or a felony. Misdemeanors and felonies have different degree of severity. This depends on a variety of factors. Those mitigating factors include the seriousness of the injury from the act and if the victim was in a protected class. It is important to speak with an Indiana defense attorney if you are charged with either misdemeanor or felony battery.
Felony battery or assault examples:
- Striking or threatening to strike a person with a dangerous object/weapon
- Shooting a person with a gun or threatening to kill someone while pointing a gun at the person
- Battery or assault with the intent to commit another felony crime
- Battery or assault that results in a serious physical injury, including permanent disfigurement
- Assault while concealing one’s identity, and
- Battery or assault against a member of a protected class
You Need An Indiana Assault and Battery Attorney
There are several possible defenses to an assault and battery charge. We are the criminal defense law firm that is here to defend your rights if you are charged with assault and battery. Call us at 317-721-4783 or email firstname.lastname@example.org for to have a defense law firm in your corner now.