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.
The Collateral Consequences of a Battery Conviction
The consequences of being convicted of a battery offense can be severe. In addition to the criminal consequences, a battery conviction can affect child custody and visitation, as these types of offenses are regularly used to restrict parenting time, and can be used as the basis for modifying child custody arrangements.
Furthermore, depending on the nature of the battery conviction, you may also be prohibited from owning or possessing a firearm, and you may lose certain professional licenses.
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 good 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.
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.