Defenses Against Battery Charges In Indiana
The crime of battery is one of the most common violent crimes in Indiana. However, many people don’t understand the complexities involved in the offense of battery. For instance, many people do not know the penalties associated with the crime of battery or whether a battery offense is a misdemeanor or felony offense. Also, many people do not know whether there are defenses to battery charges.
In Indiana, the crime of battery can be a misdemeanor or felony. It depends on the specifics and circumstances of the case. If a person knowingly and intentionally touches another person in a rude, insolent, or angry manner, that is a class B misdemeanor offense. If the touching results in moderate bodily injury, that is considered a level 6 felony offense. A person can also face felony charges for battery on a public safety official, such as a police officer, firefighter, or probation officer. In Indiana, the crime of battery can also be charged as a level 5 or level 3 felony offense. When it comes to defenses against battery charges in Indiana, there are several that are available. The following are some of the defenses against battery charges in Indiana:
Parental Discipline
In Indiana, the law allows parents to engage in the reasonable discipline of their children. Therefore, if you are a parent facing battery charges against your child, a possible defense is that of parental discipline.
Self-defense
In Indiana, people have the right to defend themselves or a third party from harm. According to the law, a person has the right to use reasonable force against another person to protect themselves or a third person from what they reasonably believe to be the imminent use of unlawful force. Self-defense is a commonly used defense in battery cases, it is an affirmative defense. This means that if you raise this defense, you are admitting the alleged act but you are asserting that it was legally justified.
Involuntary Intoxication
If a person becomes intoxicated against their will and then commits the offense of battery, they may be able to use the defense of involuntary intoxication. This is usually a defense if, as a result of the intoxication, the defendant could not appreciate the conduct’s wrongfulness at the time of the offense.
Speak to an Experienced Marion County Criminal Defense Attorney
If you are facing criminal charges, remember that you have the right to legal representation. To schedule a free consultation with a skilled and dedicated Indianapolis criminal defense attorney, contact Rigney Law LLC.
Sources:
law.cornell.edu/wex/fourth_amendment
law.cornell.edu/wex/affirmative_defense
