Indiana Assault & Battery Lawyer

Trustworthy Representation for Those Facing Assault or Battery Charges

Being charged with assault or battery is a serious matter. While some misdemeanors may be easily resolved, if you are charged with felony-level intimidation or battery, this can have serious long-term implications. If you have been charged with assault and battery in Indiana, it is important to seek legal counsel from a qualified defense attorney. There are various defenses that may be available to you, depending on the facts of your case. An experienced assault and battery lawyer in Indiana can help you determine the best strategy for defending against these charges.

If you’re facing assault or battery charges, call an Indiana assault defense attorney today at (219) 245-2655 or contact me online.

What Is the Difference Between Battery and Assault?

The biggest difference between assault and battery is that assault includes the threat of violence or an attempt to intimidate another individual, while battery is the actual act of physical harm against another individual. Contrary to what television shows suggest, you may not always be charged with both assault and battery. Since they are standalone charges, it’s important to understand the difference between the two.

What Is The Definition of Assault and Battery?

In Indiana, assault can include several different classifications of offenses. In some situations a battery charge may also include a charge for assault:

Intimidation or Threat - You may be charged with assault if you communicated a threat against someone in order to get them to participate in certain acts against their will or if you threatened them with the intent of causing fear of retaliation if they engage in a lawful act. This type of charge can also include causing a vehicle or building to be evacuated due to threat or intimidation (Indiana Code Section 35-45-2-1)

Criminal Recklessness - You may be charged with criminal recklessness if you knowingly or intentionally acted in a manner that put others at risk of bodily injury (Indiana Code Section 35-42-2-2)

Battery - You may be charged with battery if you intentionally touched another individual “in a rude, insolent or angry manner” or placed bodily fluid or waste on another individual in the same manner (Indiana Code Section 35-42-2)

Examples of Assault

Some common examples of assault include:

• Threatening a law enforcement officer or other official
• Threatening to commit a crime against another individual (whether by words or by action)
• Threatening to confine or restrain another individual
• Threatening to falsely harm the credit or business reputation of someone else
• Threatening a school, home, or other building resulting in either the evacuation of that building or the consideration of evacuation
• Threatening to commit terrorism
• Threatening another individual with a gun, even if no physical harm is done
• Threatening an individual via messaging or social media

Examples of Battery

Some common examples of battery include:

• Hitting, kicking, or punching someone
• Spitting on someone
• Intentionally pushing or shoving someone
• Causing injury to someone while driving recklessly or aggressively
• Attacking a public safety officer
• Unwanted groping or touching of another individual’s breasts or buttocks

What Is the Punishment for Assault and Battery?

The punishment for assault or battery depends on the severity of your actions. Within any of the above-mentioned categories you may be charged with a misdemeanor or a felony depending on the intent and the manner of the assault or battery.

For example, if you threaten someone with violence you may be charged with intimidation as a Class A misdemeanor. If convicted of these charges you may face up to 1 year in jail and up to $5,000 in fees. However, if you threaten a witness in a criminal proceeding (or their family), you may be charged with Level 6 felony intimidation, which if convicted would result in 6 months to 2.5 years in prison and a fine of up to $10,000. When you hire me to represent you in your criminal assault case, I can help you understand the charges against you and work to either reduce the charges or have them dismissed altogether.

Even when being faced with criminal charges, you still have rights. Contact an Indiana battery defense attorney today for skilled representation.

How To Beat a Battery Charge in Indiana

Sometimes an individual can be wrongfully charged with assault or battery. This is particularly common in situations where it’s one individual’s word versus another’s. If you have been wrongfully accused of assault or battery, I can help you fight the charges by presenting the facts of the situation and arguing your case on your behalf.

Defenses to Assault & Battery

Some common defenses to assault and battery charges include:

• Self-Defense - If you can show that you were acting in response to a real, honest perceived threat of fear or harm to yourself that wasn’t a result of any actions on your part, and you were unable to escape the situation (in some cases), you may be able to fight the charges.
• Defense of Others - Similar to self-defense, if you can prove that you were acting in defense of another individual who was experiencing a real perceived fear of harm, you may be able to beat the assault or battery charges.
• Defense of Property - Indiana adheres to a “Stand Your Ground” law, which gives individuals the right to defend their own property from invasion or theft, even if it means using reasonable (and in some cases deadly) force. In these situations you may not have the duty to retreat or escape the situation.
• Consent - If you can prove that the other individual involved in the situation consented to the treatment you may be able to fight the assault or battery charges.

Understanding the Importance of a Skilled Criminal Defense Attorney

When facing assault and battery charges, it is crucial to have a skilled criminal defense attorney by your side. The Law Office of Adam Tavitas is dedicated to providing trustworthy representation for individuals in Chesterton, IN and surrounding areas.

With years of experience in handling criminal cases, Attorney Tavitas has a deep understanding of the legal system and can effectively navigate the complexities of your case.

Here are some reasons why hiring a criminal defense attorney is essential:

• Knowledge of the law: A criminal defense attorney is well-versed in the laws surrounding assault and battery charges. They can analyze the details of your case and determine the best legal strategies to protect your rights.
• Investigation and evidence gathering: An experienced attorney knows how to investigate the circumstances surrounding your case, gather evidence, and interview witnesses. This thorough approach can uncover crucial information that may strengthen your defense.
• Negotiation skills: A skilled attorney can negotiate with prosecutors to potentially reduce the charges or penalties you are facing. They can advocate for your best interests and work towards achieving the most favorable outcome possible.
• Courtroom experience: If your case goes to trial, having a criminal defense attorney with courtroom experience is invaluable. They can present a strong defense, cross-examine witnesses, and effectively argue your case before a judge and jury.
• Emotional support: Facing criminal charges can be a stressful and overwhelming experience. A criminal defense attorney can provide you with the support and guidance you need during this challenging time. They will keep you informed about the progress of your case and answer any questions or concerns you may have.

By hiring Attorney Adam Tavitas, you can have confidence that your case is in capable hands. Contact the Law Office of Adam Tavitas today to schedule a consultation and begin fighting your criminal charges.