Assault Lawyer in Indianapolis Working on Your Behalf to Reduce Your Sentence and Criminal Charges
Raising a fist at someone and threatening to punch them is an example of simple assault. Simple assault is a threat to commit battery. Aggravated assault, the counterpart to simple assault, is the intent to commit a serious crime and cause bodily injury, including a deadly weapon. Assault can be violent or non-violent and is typically tied with battery offenses.
Intimidating or threatening a person in an angry manner, such as a spouse or police officer, instilling fear, and threatening the use of a deadly weapon and assault battery, have serious consequences.
As an example, findlaw.com illustrates how a person communicates a threat with intent to another person:
- The other person will engage in conduct against the other person’s will
- The other person is placed in fear of retaliation for a prior lawful act; or
- Of causing a vehicle, building, or other structure to be evacuated.
Assault convictions in Indiana can lead to misdemeanor charges or felony charges, depending on whether injuries were sustained. You could face prison time, significant fines, and a permanent criminal record.
If you have committed violent crimes, criminal charges are possible, and your freedom is at stake. Get legal representation to improve your chances of a favorable sentence, and consider our criminal defense lawyers with the Law Office of Corey L. Scott LLC to lead the criminal justice process on your behalf.
What are Criminal Charges for Assault in Indiana?
The state of Indiana classifies assault offenses in the following ways, per findlaw.com:
Intimidation and threats are considered a class A misdemeanor, with penalties of up to one year in jail or $5,000 in fines. If a police officer or vulnerable person, such as a child or witness, is in a trial, it could lead to level 6 felony charges. Penalties include six months to more than two years in prison and fines up to $10,000.
Criminal recklessness is considered a class B misdemeanor and could lead to 180 days in jail and up to $1,000 in fines, or a level 6 felony charge if a criminal offense is committed while armed with a deadly weapon and with the intent to harm or injure another person. A level 6 felony charge could lead to six months to nearly three years in prison and fines up to $10,000.
Battery is considered a class A misdemeanor or class B misdemeanor, depending on the level of physical violence, and could lead to a level 5 felony charge if the assault battery causes moderate bodily injury. Charges range from 180 days to six years in prison for serious crimes and expected fines of $1,000 to $10,000.
When assault and battery charges are involved, a defense attorney will assess your criminal charges, negotiate a possible plea deal with prosecutors, and build a defensible case to challenge your sentence and improve the outcome.
Schedule a free case evaluation with an experienced battery lawyer with the Law Office of Corey L. Scott LLC to discuss your criminal charges and potential legal solutions. Call (317) 623-4546.
What is Battery?
Battery is the act of committing a serious injury or bodily harm to another person using physical violence. Unlike assault, which is a threat or intent to cause harm, assault and battery charges typically go hand-in-hand, though they are different.
Under Indiana code 35-42-2-1 (c), battery is considered touching another person intentionally in a rude, insolent or angry manner. Battery is also considered forcing bodily fluid or waste on another human being in a rude, insolent, or angry manner.
Hitting a person in the face is an example of battery and a class B misdemeanor, as it involves delivering an intentional, improper touch. By the same token, hitting a person in the face and causing the victim to slip, fall, and hit his head might result in a class A misdemeanor, as you caused bodily harm.
Battery, like assault, can lead to misdemeanor and felony charges for more serious criminal offenses. For minor misdemeanors, punishments could include probation, community service, county jail time, and fines. Felonies, on the other hand, are more serious, and penalties can include more than one year in jail and hefty fines.
Understanding assault and battery and related state laws are key to navigating the criminal justice system. Get the help of a criminal defense attorney and increase your chances of success in court, starting with our free consultation. Call: (317) 623-4546.
What are Possible Defenses of an Assault Charge?
Assault cases can happen during the day, in the middle of the night, and in large groups or crowds. Sometimes there’s a lack of sufficient evidence to convict a person of an assault or battery crime, or a person can be wrongly accused.
Challenging the evidence against you and creating a strong case is the job of a good criminal defense lawyer. Our experienced assault battery attorneys with the Law Office of Corey L. Scott LLC will look at possible avenues to use to your advantage, including:
Mistaken identity happens when the police identify and arrest the wrong individual. We can review camera footage and interview witnesses to possibly get the charges dropped.
Lack of evidence, which happens when a prosecutor presents the criminal charges against you but doesn’t have enough facts to prove guilt. Therefore, the court could decide to throw your case out entirely.
Miscommunication occurs when a victim misunderstands your intent to hurt or harm them. An audio recording or written evidence is most helpful in this scenario.
The more information and evidence you have, the better for your assault battery case. If you were arrested for criminal charges or you are the victim of assault and battery, contact our law firm and speak with an experienced criminal defense attorney immediately: (317) 623-4546.
Can an Assault Lawyer Reduce my Sentence?
We help our clients objectively review and understand their criminal charges and the potential sentences they face for the crimes they commit. Our criminal defense attorneys have helped first-time offenders, the wrongly accused, and repeat offenders get results, whether a lesser charge, fine, or sentence, and in some cases, get the charges dropped altogether.
Simple assault generally carries misdemeanor penalties of up to one year in jail and fines of around $500 to $2,500. Aggravated assault and battery, depending on the level of harm threatened or inflicted upon the victim, can range from 10 to 15 to 20 years in prison, plus $5,000 to $20,000 in fines.
If you face criminal charges for assault and battery, you also face incarceration, restraining orders, child visitation, and immigration issues, among other serious consequences that will leave a negative mark on your life and stay with you forever.
There are many unexpected possibilities and outcomes related to assault and battery charges. The state of Indiana enforces severe consequences for criminal acts, especially for repeat offenders with a former criminal history.
The presence of an experienced assault attorney helps negotiate the best possible settlement, as we know the criminal justice process, local courts and prosecutors, and what they look for in assault and battery cases and arguments. Schedule a free case evaluation with an assault lawyer, and get valuable legal advice to turn your situation around. Call (317) 623-4546.