Accused Of Battery In Indiana? Avoid These Costly Mistakes
According to Indiana law, battery occurs when someone angrily, rudely, or insolently touches another person. This is considered a Class B misdemeanor, but the crime can be elevated to a Class A misdemeanor or even a felony. If you’ve been accused of battery, it is crucial that you understand what you should do and not do to protect yourself. Unfortunately, even a single mistake is enough to make the situation worse. In this article, we discuss some of the mistakes you should avoid making if you have been accused of battery in Indiana.
Don’t Assume It Is Just a “Minor Offense”
Battery charges can stem from a variety of interactions. For this reason, some people consider battery a minor offense. If you are facing battery allegations, you must avoid assuming it is just a minor offense, regardless of the taltercation that led to your arrest. Remember that whether it is a misdemeanor or felony, the crime of battery in Indiana carries a range of harsh penalties, including the following;
- A jail or prison sentence
- Fines
- Denial of employment
- Denial of housing
- A permanent mark on your criminal record
- Denial or loss of child custody or visitation
Talking to the Police
If the police want to question you, it is in your best interess not to answer their questions without speaking to your attorney first. You should invoke your right to remain silent when the police ask if you are willing to talk to them. Invoking your right to remain silent can help you avoid making self-incriminating statements. It can prevent you from saying things to the police that can be misunderstood or misinterpreted and then later used against you.
Ignoring Aggravating Factors
When aggravating factors exist, a battery charge can be elevated to a felony battery. A felony battery charge attracts harsher penalties than a misdemeanor battery charge. It is vital that you take aggravating factors seriously and identify those that might exist in your case. According to Indiana law, some aggravating factors that elevate a battery charge to a felony battery include;
- Causing bodily injury to another person
- Committing battery against a public safety official
- Committing battery against a person below the age of 14
- Committing battery against an endangered adult
- Using a deadly weapon
To defend yourself effectively, you might need to challenge aggravating elements.
Contacting the Alleged Victim
Lastly, you should avoid contacting the alleged victim. You might think that getting in touch with the alleged victim will help clear up a misunderstanding, but the truth is that it often does more harm than good. If you get in touch with the alleged victim, the police might use that as evidence that you are trying to intimidate a witness or allow the prosecutor’s office to argue that you are an ongoing threat when asking to Court to set your bond or release conditions.
Contact an Indianapolis Criminal Defense Lawyer
If you are being accused of committing battery and need help fighting those allegations, contact a qualified Indianapolis criminal defense lawyer at Rigney Law LLC.
Source:
iga.in.gov/legislative/laws/2021/ic/titles/035#35-42-2
