Being convicted of a violent crime like battery or assault can have consequences that ripple throughout your entire life. Indiana has harsh penalties in place that could leave you unable to work in your chosen field or impact your rights, such as your right to own a firearm.
If you’ve been charged with either of these crimes, it’s vital to understand your legal options. But what is the difference between assault and battery, exactly? Learn more about these charges and why hiring a qualified criminal defense lawyer is the right move.
What Is the Difference Between Assault and Battery?
You might have heard the terms “assault” and “battery” used interchangeably, but they’re two distinct offenses. What is the difference between battery and assault?
Assault is the threat of imminent violence. It can involve verbal threats, gestures, or even just physical closeness as long as the other person fears they’ll suffer immediate harm. Most states have a clear definition of assault, but Indiana doesn’t. Instead, the state addresses related offenses, including intimidation and criminal recklessness.
Battery, on the other hand, involves physical contact. It occurs when someone recklessly or intentionally touches another person in an offensive or harmful manner without their consent.
What Are the Elements of an Assault?
What is the difference between an assault and a battery in terms of the key elements involved?
An assault charge hinges on the defendant’s intent and the alleged victim’s fear. The accused must have intended to create fear that violence was imminent, and the victim must have felt genuinely afraid of the threat.
How Are the Penalties Determined for Assault?
The penalties depend on the severity of the charges. Prosecutors will therefore look at the level of fear the defendant’s actions caused in the plaintiff. If you’re charged with intimidation, which involves an attempt to force another person to act against their will, you could be looking at a Class A misdemeanor.
However, if you’re charged with criminal recklessness, which refers to recklessly creating a serious risk of injury, you could face a Class B misdemeanor charge or a Level 6 felony.
What Are the Elements of a Battery?
In Indiana, battery entails intentional contact of some kind. Even a slight touch can be considered battery if the contact is unwanted. That’s an essential element: lack of consent. The touch must also be offensive enough to cause discomfort or humiliation to the plaintiff.
The penalties for battery come down to the severity of the harm involved and the alleged victim’s vulnerability. If you’re accused of pushing someone, you could be charged with a misdemeanor, while causing serious bodily injury could mean facing a Level 5 felony.
What Are the Penalties for Assault and Battery?
You could also face charges of assault and battery at the same time. What is the difference between assault and assault and battery? The main distinction is that there was more than a threat involved. In other words, the threat escalated to actual physical contact.
Once again, the penalties depend on the severity of the crime. Minor assault and battery offenses may be Class B misdemeanors, which could result in up to 180 days in jail and $1,000 in fines.
A charge of domestic battery, which involves battery against a family or household member, is a Class A misdemeanor. This offense could get you up to one year in jail and fines of up to $5,000.
Offenses that result in bodily injury or involve a weapon are usually classified as felonies. If convicted, you could spend years in jail.
Legal Classifications of Assault
Indiana doesn’t have a specific statute that addresses assault. Instead, there are laws regarding intimidation and criminal recklessness. As such, assault charges typically fall under other categories, such as domestic violence and battery.
Legal Classifications of Battery
There are different types of battery charges in Indiana. The least serious of these is a Class B misdemeanor, which involves an intentional and improper touch that doesn’t result in injury. A Class A misdemeanor, meanwhile, involves an improper touch that does cause bodily injury.
These charges can be elevated to Level 6 felonies if the touch causes moderate injury or involves a public safety official.
To earn a Level 5 felony charge, you must have allegedly caused a serious bodily injury. The most serious battery charge is a Level 3 felony, which involves severe bodily harm.
Examples of Assault and Battery
Examples of assault include verbal threats that signal your intent to harm another person, along with physical actions that give credence to that threat. For instance, you could be charged with assault for threatening to knock someone out for offending you.
Examples of battery encompass any type of contact that’s injurious or offensive. This could include spitting on someone, shoving them, or pulling their hair. An example of an assault and battery charge is if you threaten to hurt someone and then make good on that threat by striking them.
What Is Simple Assault vs. Aggravated Assault?
Simple assault and battery charges in Indiana involve a threat and the attempt to follow through on it. To be considered a simple assault and battery, the physical contact must have been mild and must not have led to injuries. Pushing someone or slapping them after threatening to do so is one example.
Aggravated assault and battery, on the other hand, refers to physical contact that causes serious bodily injury. You could also be charged with aggravated assault and battery if you use a deadly weapon. If you threaten someone with a gun, that could be enough to warrant this charge, even if you don’t use it.
What Are Possible Defenses to Assault Charges?
If you’re up against assault and battery charges, one of the defenses you can rely on is lack of intent. The prosecution must prove that all elements of these offenses were present, and intent is one of the key elements. If you harmed someone unintentionally, your actions may not be considered battery.
Another defense would be to show that no actual physical contact occurred, which is a necessary element of assault and battery. If you never touched the alleged victim, you may be charged with intimidation or criminal recklessness instead.
Claiming that the accusations are false is another option. Your defense team may be able to show that you weren’t present when the alleged offense occurred or that the assault and battery never happened as claimed.
Claiming that you acted to protect yourself or others is another possible defense. To be able to invoke self-defense, you must demonstrate that you believed force was necessary to prevent imminent harm.
What Is the Typical First-Time Assault and Battery Sentence?
If you’re being charged with assault and battery for the first time, your sentence will depend on the severity of the harm involved. Simple assault and battery will typically be considered a Class A or B misdemeanor. If you’re charged with domestic assault and battery, a Class A misdemeanor, you could spend up to a year in jail.
If bodily injury occurred, you’ll likely be charged with a felony, even if it’s your first offense. The sentences for crimes involving bodily injury can vary, but they frequently involve prison time.
Some first-time offenders may be eligible for diversion programs. Participating in one of these programs can help you avoid a criminal record. Whether you receive this option or not will depend on the prosecution’s willingness to explore alternate possibilities.
What if You Are Being Falsely Accused of Assault or Battery?
If you’ve been falsely accused of assault or battery (or both), contact a criminal defense lawyer for assistance immediately. An attorney can help you understand your options and rights. Make it a point to avoid all contact with the accuser, even if you think you can clear things up. This will usually only exacerbate the situation.
You and your lawyer can start gathering evidence that shows you have an alibi or that the alleged offense never took place. If there were witnesses, your lawyer can contact them to get their testimony on record.
The Role of Intent in Assault and Battery
Intent is an essential element in assault and battery charges. For assault, you must have had the intent to make the victim fear immediate harm, while for battery, you must have intended to touch the person in a harmful or offensive manner.
If there was no such intent, it will be much harder for the prosecution to charge you with a crime.
Emotional and Psychological Impact of Assault and Battery
Assault and battery charges can be devastating for both the alleged victim and the alleged offender. It could leave the accused dealing with anxiety and other mental health concerns while at the same time putting them through the ordeal of facing criminal charges.
It’s possible for either party to develop post-traumatic stress disorder (PTSD) because of the trauma the situation causes. The alleged perpetrator could also be subject to significant social stigma that could impact all aspects of their lives, leading to isolation and a deterioration of their mental well-being.
Gemma & Karimi: Upholding Your Rights to Protect Your Future
If you’ve been charged with assault and/or battery, the next step is to hire a qualified criminal defense attorney who can fight for your freedom. Gemma & Karimi can offer the steadfast legal support you need when navigating these charges. Contact us today to schedule a consultation with one of our experienced lawyers.
