Indianapolis Assault Lawyer
“Assault” and “battery” are two words that are often used interchangeably. However, in Indiana, they are actually two different crimes. An assault is generally used to describe crimes that involve the threat of violence. For a person to commit battery, on the other hand, they must physically touch their victim in a rude or angry manner.
If you are facing assault or battery charges, you will need an experienced lawyer to defend you. You could face penalties such as prison time, fines, community service, and a permanent criminal record. Those who are convicted of these crimes can also face issues with child custody, housing, professional licensing, and immigration issues.
Assault can be either a misdemeanor or felony charge. If you are facing these charges, Rigney Law LLC can help. Protect your legal rights with help from our experienced Indianapolis assault lawyer.
Types of Assault
In Indiana, the following crimes are classified as assault:
- Anyone who intends to frighten another person may be charged with intimidation, as well as those who intentionally force others to act against their will.
- Criminal recklessness. Anyone who recklessly or intentionally does something that creates a serious risk of bodily injury may be charged with a type of assault called criminal recklessness. While typically a misdemeanor, this crime can be a felony if a weapon is involved.
- There are misdemeanor and felony battery charges. Misdemeanor battery is a broad offense that includes almost any type of physical confrontation, including bar fights and domestic violence incidents. This charge can be upgraded to a felony under certain circumstances, such as a serious injury or the presence of a weapon.
Defenses to Assault
If you have been accused of assault, there are defenses available to avoid a conviction. A lawyer can help defend your case by using one of the following defenses:
- Lack of evidence. A prosecutor needs to prove that you’re guilty before you can be convicted of assault. If there’s not enough evidence to show that you committed the crime, your case could be dismissed. There is no need to prove that you’re innocent, just that the prosecution does not have enough proof to convict you of the crime.
- Sometimes fear is caused by a misunderstanding or miscommunication. If you can prove a communication error, the charge can be dropped, but this can be quite challenging without an audio recording.
- Mistaken identity. There can be a cause of mistaken identity if the assault occurred late at night or in the middle of a large crowd. This means that the wrong person could be arrested. This defense should be easy to prove with camera footage or witness testimony.
Contact Rigney Law LLC Today
Assault is a crime that typically happens at bars and sporting events, where alcohol is often served. However, these crimes can happen anywhere, anytime, and result in significant penalties.
The team at Rigney Law LLC can help you avoid these punishments. To schedule a free consultation with our Indianapolis assault lawyer, fill out the online form or call (317) 623-0989.