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You need an attorney who will vigilantly fight for your freedom when all cards are stacked against you: the defendant.
Contact The Law Office of Jerry L. Garner today to begin the battle.
Assault and Battery Defense Lawyer
Assault and Battery Criminal Defense Lawyer Serving Evansville, Newburgh, Boonville, Tell City, Rockport, Santa Claus, and Nearby Communities.
Being charged with assault or battery in Indiana can have serious legal and personal consequences. A conviction can result in fines, jail time, and a permanent criminal record that affects your future employment and reputation. Assault and battery cases are often complex, involving factors such as self-defense, mutual combat, or false accusations. If you are facing these charges, having an experienced criminal defense attorney is essential to protecting your rights and building a strong defense. Jerry L. Garner has the knowledge and experience to handle even the most challenging assault and battery cases.
No two assault and battery cases are the same, and the details of your specific situation will play a major role in your defense strategy. The severity of the charges can depend on factors such as whether a weapon was involved, the extent of injuries, and whether the alleged victim was a police officer or other protected individual. Many cases arise from misunderstandings, self-defense situations, or exaggerated claims. A skilled defense attorney will thoroughly investigate the incident, examine witness statements, and challenge any weak or misleading evidence presented by the prosecution.
Indiana law classifies assault and battery offenses into different categories, ranging from misdemeanors to serious felony charges. While a simple battery charge may carry minimal jail time, aggravated battery or felony assault can lead to years behind bars. A knowledgeable attorney will explore all legal options, including negotiating reduced charges, alternative sentencing programs, or even case dismissal. Jerry L. Garner is committed to ensuring that every client receives a strong and effective defense tailored to the specifics of their case.
If you have been accused of assault or battery, it is crucial to act quickly. Prosecutors aggressively pursue these cases, and without the right legal representation, you could face harsh penalties. A dedicated Indiana criminal defense lawyer will fight to protect your rights, challenge the evidence against you, and work toward the best possible outcome. Contact our firm today to discuss your case and start building your defense.
Have you been accused of assault or battery? Call us at (812) 301-6221 or contact us online to talk to an experienced assault defense lawyer.
Understanding Assault and Battery Charges in Indiana
Assault and battery charges in Indiana can lead to serious legal consequences, including jail time, fines, and a permanent criminal record. While Indiana law does not have a specific "assault" statute, battery is a criminal offense that involves the knowing or intentional touching of another person in a rude, angry, or insolent manner, especially if it results in injury. Depending on the severity of the act, battery charges can range from misdemeanors to felonies, with increased penalties for cases involving weapons, serious injury, or vulnerable victims.
Battery offenses in Indiana are classified based on the degree of harm and intent. A simple battery charge is typically a Class B misdemeanor, punishable by up to 180 days in jail and a $1,000 fine. However, if the incident causes moderate or serious bodily injury, involves a deadly weapon, or is committed against a police officer, child, or elderly person, the charge can escalate to a felony battery offense, carrying years of imprisonment and substantial fines. Additionally, domestic battery is treated as a separate offense, with enhanced penalties in cases involving family or household members.
If you are facing assault or battery charges in Indiana, it is crucial to seek representation from an experienced criminal defense attorney. A skilled lawyer can examine the evidence, challenge witness statements, and build a defense based on self-defense, lack of intent, or mistaken identity. Convictions can have long-term effects on employment, housing, and personal reputation, making it essential to fight for the best possible outcome. If you have been arrested for battery, contact a trusted Indiana assault and battery lawyer immediately to protect your rights.
Frequently Asked Questions About Assault and Battery Charges in Indiana
What is the difference between assault and battery in Indiana?
Indiana law does not have a separate crime for "assault." Instead, offenses involving physical harm or threats are classified under battery or intimidation. Battery involves intentional physical contact that results in injury, while intimidation refers to threats of harm.
What are the penalties for battery in Indiana?
Battery charges range from a Class B misdemeanor, carrying up to 180 days in jail and a $1,000 fine, to a Level 2 felony, which can result in 10 to 30 years in prison and heavy fines. The severity depends on factors such as the extent of injury, the use of a weapon, and the victim’s status.
What is aggravated battery in Indiana?
Aggravated battery occurs when someone intentionally causes serious bodily injury, permanent disfigurement, or loss of a body function. It is a Level 3 felony, punishable by three to 16 years in prison and fines up to $10,000.
What is domestic battery in Indiana?
Domestic battery involves physical harm to a spouse, family member, or intimate partner. It is typically charged as a misdemeanor but can be elevated to a felony if the victim suffers serious injury or if the defendant has prior convictions.
Can assault and battery charges be dropped by the victim?
While a victim can express a desire to drop charges, only the prosecutor has the authority to dismiss a case. The state may proceed with prosecution if there is enough evidence to support the charges.
What are the possible defenses to battery charges in Indiana?
Common defenses include self-defense, defense of others, lack of intent, mistaken identity, or false accusations. A criminal defense attorney can evaluate the case and determine the best strategy for defense.
Can a battery charge be reduced or dismissed?
Yes, battery charges can sometimes be reduced to lesser offenses or dismissed if there is insufficient evidence, conflicting witness testimony, or a strong legal defense. A defense attorney can negotiate for a plea deal or seek case dismissal.
What should I do if I’m arrested for battery in Indiana?
Remain silent and do not discuss the incident with law enforcement without an attorney present. Contact a criminal defense lawyer as soon as possible to protect your rights and develop a legal strategy.
How does a battery conviction affect my record?
A battery conviction can lead to jail time, fines, probation, mandatory anger management programs, and a permanent criminal record. Felony battery convictions can also impact employment, housing, and firearm rights.
Can a battery conviction be expunged in Indiana?
In some cases, a battery conviction may be eligible for expungement, depending on the severity of the charge and the time that has passed since the conviction. A defense attorney can help determine eligibility and guide you through the expungement process.
Why We Are Right For You
Experience
With over 36 years of combined experience as a lawyer and former FBI Special Agent, attorney Jerry Garner brings a unique perspective, having served on both sides of the law where others have not.
Communication
We are dedicated to keeping you informed every step of the way. From the initial consultation to the resolution of your case, we prioritize clear and open communication. Our goal is to ensure you fully understand your rights, options, and the progress of your case, providing you with the confidence and support you need throughout the legal process.
Results
With a proven track record of achieving favorable outcomes, we are dedicated to resolving cases in our clients' best interests. Our commitment to excellence ensures that each case is handled with strategic precision and unwavering advocacy.
“I am not a “high volume” (large caseload) type of criminal defense attorney. I select criminal cases that are particularly interesting to me. And I especially prefer those cases where the accused appears to have suffered an injustice. I am very passionate about protecting the legal rights of my clients…and forcing the all-powerful government to prove its “case” - fairly, and beyond a reasonable doubt. This requires hard work, a lot of time, and effective communication with my clients. I carefully research and investigate the legal and factual issues existing in my cases. My 23 years of FBI Special Agent training and experience greatly assist me in my case-related analysis. I am prepared and committed to represent the accused in serious, complicated criminal cases.”