At Thomas Law, our Evansville assault and battery defense attorney is an aggressive, experienced advocate for clients. Jared Michel Thomas will protect your rights, your freedom, and your future. If you or your loved one was arrested on assault battery charges, we are ready to help. For a completely confidential, no-obligation initial legal consultation with a skilled criminal defense lawyer in Southern Indiana, please call our Evansville law office at 812-492-1900 or contact us directly online.
The terms ‘assault’ and ‘battery’ are often used together. Indeed, you may even hear the terms used interchangeably. However, in Indiana, assault and battery refer to two distinct criminal actions. Battery is the unwanted, non-consensual touching of another person in a harmful or offensive manner. In contrast, assault is an actionable attempt or threat to commit battery.
Of course, a person could be charged with both offenses in relation to a single criminal incident. Indeed, assault and battery are often charged together. Prosecutors do not have to choose one offense or the other to pursue against a defendant. In many cases, people face charges for both assault and battery. To be fully effective, a criminal defense strategy must be comprehensive.
Unlike many other states, Indiana does not have a single dedicated assault statute. Instead, there are several criminal statutes that may be invoked by prosecutors, depending on the nature of the underlying conduct. Most often, assault is charged under Indiana Code § 35-45-2-1, that being the state’s criminal statute barring intimidation and threats. A defendant can be convicted under this statute if they make a threat of harm against someone with the intent of:
Assault based on intimidation or a threat is typically charged as a Class A misdemeanor offense. However, the offense may be upgraded to a Level 6 felony when certain aggravating factors are present. For example, assault on a law enforcement officer is a felony in Indiana. There are other circumstances when assault could be a felony as well. If you or someone you know was arrested for assault, contact an experienced criminal defense lawyer for immediate assistance.
Battery is strictly prohibited in Indiana. Under Indiana Code § 35-42-2-1, a defendant commits battery if they knowingly or intentionally touch a person in an aggressive, rude, or otherwise insolent manner. The crime of battery can come in a wide range of different forms. To be clear, the crime does not require a physical injury. Some notable examples include:
As a baseline, battery is a Class B misdemeanor offense in Indiana. However, the charge will be upgraded to a felony in certain circumstances. It is a Level 6 felony if the victim sustains moderate injuries. If the victim sustains serious bodily injury, it is a Level 5 felony. If you or someone you know was arrested on battery charges in Southern Indiana, call our Evansville criminal defense attorney for immediate help.
Many people are surprised to learn that they can face serious criminal charges—an assault charge and/or a battery charge—after a seemingly minor altercation. The best way to handle an assault or battery charge in Southern Indiana is by raising a proactive legal defense. There are a number of different defenses available. It is crucial that you explore every available option. Some of the most common defenses against assault and battery charges in Indiana include:
Ultimately, the proper defense strategy will always depend on the specific facts of the case. An experienced Evansville defense attorney can review the allegations, the charges, and the evidence to determine the best path forward. The prosecution always has the burden of proving a defendant’s guilt beyond a reasonable doubt. Your lawyer can help you decide if charges should be aggressively defended or if it is more sensible to work towards a plea agreement that keeps you out of jail and protects your future.
Being arrested and charged with assault or battery is stressful and frightening. During a difficult time, you need a criminal defense advocate who will stand up for your rights. Jared Michel Thomas fights aggressively to protect his clients. When you get in touch with our Evansville law office, you will have an opportunity to consult with an Indiana defense lawyer who will:
We know that no two cases are exactly the same. Our Indiana criminal defense team will put forth the time, effort, and resources to get to know your case—ensuring that all relevant evidence is uncovered and every available defense is explored. You deserve personalized legal guidance and support from a defense lawyer who is truly invested in your case.
At Thomas Law, our Indiana criminal defense lawyer has deep experience handling the full range of assault and battery charges. If you or your loved one was arrested for a misdemeanor or felony assault/battery, we are here to help. Call us at 812-492-1900 for a confidential, no-commitment review of your case. From our legal office in Evansville, we handle assault & battery charges throughout Southern Indiana, including in Booneville, Mount Vernon, Princeton, Rockport, and Tell City.