Best Assault & Battery Lawyers in Indiana

About Assault & Battery Law in Indiana, United States

Assault and battery are legal terms commonly encountered in the context of criminal law, and they are distinct yet related offenses in Indiana. Assault generally refers to the threat or attempted use of force against another person that makes the victim fear imminent harm. Battery, on the other hand, involves actual physical contact or harm done to another individual. Indiana law considers both offenses seriously, and convictions can result in significant legal penalties, including fines, jail time, and a lasting criminal record.

Why You May Need a Lawyer

Legal representation is crucial in assault and battery cases due to the complexity and seriousness of the charges. Here are several common reasons you may need a lawyer:

• You are accused of assault or battery and face criminal prosecution.
• You have been served a restraining or protective order stemming from alleged violence or threats.
• You suffered injuries as a result of someone’s intentional actions and wish to pursue civil damages.
• The circumstances of the alleged incident are disputed, and you need help with your defense or claim.
• You are facing additional or enhanced charges, such as aggravated battery due to serious injury or the use of a weapon.

A skilled attorney can guide you through court proceedings, advise you on plea bargains or legal strategy, and help protect your rights throughout the process.

Local Laws Overview

Assault and battery are prosecuted under Indiana’s statutes, mainly found in Indiana Code Title 35, Article 42, Chapter 2, which defines battery and related offenses. Key points include:

• Assault: Indiana law does not use "assault" as a separate criminal charge but focuses on "battery," while threats or attempts to harm may be prosecuted under other statutes (such as "intimidation").
• Battery: Defined as when a person knowingly or intentionally touches another person in a rude, insolent, or angry manner, or in a way that results in bodily injury. Battery can be charged as a Class B misdemeanor but can become a felony if the act causes significant injury, involves a deadly weapon, or targets certain protected persons (like children or police officers).
• Aggravated/Serious Battery: Battery resulting in serious injury or committed with a deadly weapon is a higher-level felony, carrying harsher penalties.
• Self-Defense: Indiana law allows individuals to use reasonable force to protect themselves or others, but self-defense claims must meet strict legal standards.
• Protective Orders: Victims can request protection orders against alleged offenders, which may restrict contact and carry criminal penalties for violations.

Frequently Asked Questions

What is the difference between assault and battery in Indiana?

Indiana law focuses on battery as actual physical contact or harm. The term assault is generally used for threats, but it is not a separate criminal charge in Indiana.

What are the penalties for battery in Indiana?

Penalties can range from misdemeanor charges with up to 180 days in jail and fines, to felonies with years of imprisonment, depending on factors like the level of injury, use of a weapon, or the identity of the victim.

Can I be charged with battery if there was no injury?

Yes. Indiana law allows for battery charges even if physical injury did not occur, as long as there was unauthorized and intentional physical contact in a rude, insolent, or angry manner.

How does self-defense work in assault and battery cases?

You may claim self-defense if you reasonably believed you were in imminent danger and used no more force than necessary to protect yourself. The court will examine the facts to decide if your actions were justified.

What if someone falsely accuses me of battery?

False accusations do happen. It is crucial to collect evidence, obtain legal representation, and avoid violating any restraining orders while your case is resolved.

Will I have a criminal record if convicted?

Yes, a battery conviction in Indiana will appear on your criminal record and can affect your employment, housing opportunities, and more.

Can I have a battery charge expunged in Indiana?

Certain misdemeanor and low-level felony convictions may be eligible for expungement under Indiana law after a waiting period and fulfillment of other requirements. Consult with a lawyer about your case.

What should I do if I am served with a protective order?

Follow all court instructions carefully and do not contact the protected party. Violation of a protective order is a crime. Speak with a lawyer as soon as possible.

Can a minor be charged with battery in Indiana?

Yes. Juveniles can be charged with battery, though cases involving minors are often handled in juvenile court, which focuses on rehabilitation.

Can I sue for damages if I am a victim of battery?

Yes. In addition to criminal prosecution, you may file a civil lawsuit against the person who harmed you to recover medical costs, lost wages, pain and suffering, and more.

Additional Resources

Here are some useful organizations and resources for those seeking help or information on assault and battery in Indiana:

• Indiana Legal Services - Provides free civil legal assistance to eligible individuals.
• Indiana Public Defender Council - Offers information on public defense resources.
• Indiana Coalition Against Domestic Violence - Offers support and advice for victims of violence or assault.
• Court Self-Help Centers - Located in many Indiana counties to assist those representing themselves.
• Local County Prosecutor’s Office - Where victims can learn about protective orders and criminal charges.
• Indiana Courts Website - For court forms, laws, and guides related to criminal and civil cases.

Next Steps

If you are involved in an assault or battery issue in Indiana, it is important to act quickly. Here is how you should proceed:

1. Gather any evidence related to your case, such as photographs, medical records, witness information, or police reports.
2. Do not make any statements to law enforcement without consulting a lawyer, especially if you are accused.
3. If you are a victim, seek medical attention and report the incident to police.
4. Contact a qualified criminal defense or personal injury attorney experienced with Indiana assault and battery cases for consultation. Most offer free or low-cost initial consultations.
5. Follow your attorney’s advice about your next legal actions and court appearances.

Every case is unique, and the right course of action will depend on your individual circumstances. Legal assistance can greatly improve your understanding and protection of your rights in Indiana.