If you are reading this page, you or someone you care about has probably been charged with battery in Hammond, Indiana. While it may seem like there is nothing you can do about the charge, there is a lot an experienced Hammond battery defense lawyer can do to help.
The Law Office of Joseph M. Roberts LLC has years of experience defending people against all types of battery cases, from those involving a simple shove to serious injury and deadly weapons. Let us put our experience to work for you. Call us today to schedule your free case evaluation with a Hammond criminal defense attorney.
What is Battery in Indiana?
In Indiana, battery is a criminal offense that involves knowingly or intentionally touching a person in a rude, insolent, or angry manner. Similar to other criminal offenses in the state of Indiana, battery is usually charged as a misdemeanor offense but escalates to a felony offense depending on the circumstances involved. For instance:
- Battery resulting in bodily injury is a Class A misdemeanor (Indiana Code § 35-42-2-1(c)(1))
- Battery resulting in moderate bodily injury is a Level Six felony (Indiana Code § 35-42-2-1(f)(1))
- Battery resulting in serious bodily injury is a Level Five felony (Indiana Code § 35-42-2-1(g)(1))
The status of the alleged victim can also affect how a battery offense is charged. For example, battery in the presence of a child is charged as a felony offense, as are battery against public safety officers, and battery against pregnant women.
The most serious battery offenses, such as battery involving a deadly weapon, and battery that carries a substantial risk of death, are major felony offenses that can carry significant periods of incarceration.
An important aspect of battery offenses is the fact that injury to the alleged victim is not actually required.
Furthermore, “injury” in Indiana is defined as any impairment or physical condition, including physical pain. This is a very broad definition, which can include even temporary pain or physical contact that leaves nothing other than temporary redness.
What Should I Do If I Am Arrested for Battery in Indiana?
A battery arrest can happen fast. One argument, one moment of confusion, and suddenly you are in the back of a police car trying to make sense of what just happened. What you do in the next few hours matters. The steps you take right after your arrest can shape how the rest of the case unfolds.
Avoid Self-Incrimination and Request Legal Representation Immediately
Once you are in custody, anything you say can end up in a report or used against you in court. Officers may try to get you talking casually, but those words can still carry weight. You have the right to stay silent and ask for a lawyer. That is not being difficult or uncooperative. It is protecting your future.
Preserve Evidence and Document the Incident
As soon as you are able, start writing everything down. Include where you were, what happened, who was there, and what was said. Hold on to any clothes you were wearing, photos of injuries, or messages exchanged around the time of the incident. If someone saw what happened, get their name and contact info if possible.
The Collateral Consequences of a Battery Conviction
A battery conviction can follow you long after the case is resolved. Even if you avoid jail time, the conviction itself stays on your record and can come up during background checks. Employers may hesitate to hire you. Landlords might pass over your application. Schools and volunteer programs can raise concerns about your eligibility.
These are real barriers that can affect your ability to move forward in daily life. Firearm rights are also something to consider. Under Indiana Code § 35-47-4-7, people with certain battery convictions are not allowed to possess or purchase firearms. If you hold a professional license, such as in education, health care, or law enforcement, the conviction could trigger a review by your licensing board.
That could mean suspension, restrictions, or even losing your license altogether. These consequences do not always get explained when charges are first filed, but they matter just as much as what happens in court.
Common Defenses to a Battery Charge in Indiana
There are three common defenses to a battery charge in Indiana. These include:
- There was no battery – This type of defense can be raised when there are no physical markings to show that a battery happened and is most common in what is known as he-said, she-said situations.
- The battery happened, but you were not the person responsible for the injury – This type of defense may be applicable when there is evidence that a battery happened (such as visible scratches or bruising), but you argue that you did not actually cause the injuries.
- The battery happened, but you had a legally justifiable reason for committing the battery – This is commonly referred to as a self-defense claim and is very fact-specific.
A reputable Hammond battery defense attorney will always investigate a battery charge for the possibility of any self-defense claim. However, not every battery offense will meet the requirements for a claim of self-defense.
What Qualifications Should I Look For in a Battery Defense Lawyer in Hammond?
If you are facing battery charges, choosing the right lawyer is one of the most important decisions you will make. You want someone who knows what they are doing, but you also want to feel like you are working with someone who listens and really has your back.
Battery charges can be messy, emotional, and complicated. Your criminal defender should know how to handle all of that and help you move forward with confidence. Here are a few things that actually make a difference when you are picking the person to stand beside you in court:
- Trial experience with violent crime charges
- Familiarity with Indiana battery statutes
- Experience handling self-defense cases
- Skill with getting evidence tossed out when rights are violated
- Confidence in cross-examining police and witnesses
- A solid reputation with local prosecutors and judges
- Ability to explain things clearly without legal jargon
- Willingness to go to trial if that is what your case needs
- Support with protecting your record and future beyond court
You should feel like your lawyer is in your corner from day one. Not just showing up to court, but actually doing the work behind the scenes to help you get through it.
How an Experienced Hammond Battery Defense Attorney Can Help
Most battery defenses require your attorney to examine physical evidence, such as photographs of the injury to the alleged victim, or photographs of injuries to yourself. Eyewitnesses must also be interviewed before their memories of the alleged incident fade.
In addition, your Hammond battery defense attorney may need to speak with doctors or surgeons if the alleged victim’s injury is serious enough. Finally, it is usually important for your attorney to speak with the alleged victims themselves to identify holes in their version of the incident and build your defense against the accusations.
For these things, you need a good attorney who is experienced in defending against battery charges in Indiana. Let The Law Office of Joseph M. Roberts put our experience to work for you.
Contact The Law Office of Joseph M. Roberts LLC for a Battery Defense Lawyer in Hammond, Indiana
If you have been charged with battery in Hammond, Indiana, choosing the right attorney to defend your rights, and freedom is perhaps one of the most important decisions that you will ever make. At The Law Office of Joseph M. Roberts LLC, we have had great success in defending people accused of battery all across Northwest Indiana, and we can do the same for you.
Contact us today to schedule your free case evaluation, and to learn more about how we can help.