Assault & Battery Attorneys in Indianapolis, IN
What is the Difference Between Assault and Battery?
Assault is an intentional attempt to cause harmful or offensive contact with another person. This is different from battery, which is the actual harmful or offensive contact. Assault and battery are misdemeanors in most cases, and it is punishable by up to felony in certain circumstances.
What are the Penalties for Battery in Indiana?
The penalties for assault in Indiana depend on the circumstances of the case and the prior criminal record of the defendant.
If a battery offense involves offensive touching (e.g., pushing, bumping into, poking, hair-pulling, etc.), then it is considered a Class B misdemeanor, punishable by a maximum jail sentence of 180 days and a fine of up to $1,000.
If battery leads to a bodily injury, then the offense is a Class A misdemeanor and up to 1 year in jail and fines up to $5,000. However, if a deadly weapon was used in the assault, an assault that resulted in serious bodily injury, or assault against a public servant, the defendant faces a Level 5 or 6 felony. A Level 6 felony carries up to 2 1/2 years in prison and fines up to $10,000, while a Level 5 felony is punishable by imprisonment for up to 6 years.
In addition to the penalties listed above, a person convicted of assault may face civil lawsuits from the victims.
What Are the Defenses to Assault Charges?
There are several defenses that a person accused of assault may raise. These include self-defense, defense of another person, and defense of property.
For example, a person who reasonably believes that he is about to suffer imminent bodily injury or death at the hands of another person may use force to defend himself. A person may also use force to defend another person if he reasonably believes that force is necessary to protect that person from imminent bodily injury or death.
A person may also use force to defend his property if he reasonably believes that force is necessary to prevent imminent trespass or damage to his property.
Contact Our Indianapolis Assault Defense Lawyers
If you are facing assault charges, Gemma & Karimi, LLP can help. We have over 25 years of experience as criminal defense attorneys, and we have handled thousands of cases. Our firm understands how to navigate the criminal justice system and work with prosecutors to get charges reduced or dismissed.