A battery charge in Indiana is a serious offense, punishable by a period of incarceration. In addition, if you are found guilty, you will have a criminal conviction on your record and may have to report that on future job or college applications.
So, no matter how trivial the incident from which the battery charge has risen may seem, the situation should not be taken lightly. An experienced Crown Point criminal defense attorney can work with you to protect your rights and defend your freedom by getting the charge dismissed or reduced.
Contact The Law Office of Joseph M. Roberts LLC today to schedule a free consultation to discuss your battery charge and more about how we can help.
What Is Battery In Indiana?
In Indiana, a person can be charged with the crime of battery in two fundamental ways:
- Touching another person in a rude, angry, or insulting manner; or
- Putting bodily fluids or waste on someone
Battery charges are extremely serious in Indiana and can be punished severely, even when no injury was suffered. However, for a prosecutor to convict you of the criminal offense of battery, they must prove that you intended to commit battery or that you did so knowingly.
Types of Battery Charges in Indiana
Indiana Code § 35-42-2-1 defines “battery” as a person who knowingly or intentionally (1) touches another person in a rude, insolent, or angry manner; or (2) in a rude, insolent, or angry manner places any bodily fluid or waste on another person. Battery in Indiana may be charged as either a misdemeanor or a felony, depending on the circumstances involved:
Misdemeanor Battery
Misdemeanor battery is punishable by up to 1 year in jail and a fine of up to $5000. Under Indiana’s battery statutes, battery is a misdemeanor if the victim suffered only minor injuries, such as bruises, scratches, and minor physical pain, or no injury at all. Examples of misdemeanor battery include punching, pulling, poking, bumping into, or spitting upon a person in an angry or insulting manner.
Felony Battery
Battery can be charged as a felony offense punishable by up to 16 years in prison. A felony battery charge usually involves the use of a weapon or moderate or serious bodily injury to the alleged victim. It can also be charged as a felony if the offense is committed against a protected person, such as a law enforcement officer, a probation agent, a firefighter, an emergency medical technician, a child under 14, or a person with a mental disability.
Potential Defenses To Battery Charges In Indiana
When someone hires our law firm to represent them and they have been accused of battery, we sit down with them and decide the possible defenses in their case. In most cases, the obvious defense is that you acted in self-defense.
You are entitled to use reasonable force to protect yourself or your loved ones if you are threatened or attacked. So, in many cases, we are able to show that you had a right to commit the offense because you were being attacked.
Other defenses to battery include:
Consent: For a battery charged to stick, the touching/contact must be unwanted. If the alleged victim consented to the contact, for example, by agreeing to engage in a sporting event or by mutually agreeing to a fistfight, then a battery cannot be established.
Lack of intent: If your intent was other than to touch someone against their will or put them in fear of being touched, then there is no intent and no battery. For example, touching someone to get their attention or to keep them out of harm’s way does not constitute a battery because your intentions were otherwise.
Mistaken identity: They may have charged the wrong person. Perhaps you were not even in the area when the punch was thrown.
An experienced Crown Point battery defense attorney can help you determine which defense strategies you can use to challenge the prosecution’s case and assert your innocence.
Contact The Law Office of Joseph M. Roberts LLC for a Battery Defense Lawyer in Crown Point
If you or someone you care about has been charged with battery in Crown Point, Indiana, or the surrounding areas, Attorney Joseph M. Roberts can work with you to devise a defense strategy that will enable you to avoid a conviction or, at the very least minimize the possible consequences of a conviction. Partner with a Crown Point battery defense lawyer dedicated to protecting your rights and securing the best outcome for your case.
Call The Law Office of Joseph M. Roberts LLC today at (219) 779-9187 or contact us here online to request a free consultation.