Understanding Different Assault-Related Charges in Indiana

The term “assault” is often used relatively broadly to refer to a general type of violent criminal offense in which a person’s physical harm is threatened, or in which a person experiences actual bodily injury. It is important to understand that Indiana law does not have a specific criminal offense for an “assault,” but instead has laws under which a person can be charged with assault-related criminal offenses. In other words, you cannot face assault charges in Indiana because there is no law against the specific crime of “assault” as there is in numerous other states. Instead, you can face charges for specific actions that fall under the broader umbrella of assault-related crimes.

An Indiana criminal defense attorney at Rigney Law LLC can explain some of the more common types of assault-related offenses in more detail.

Intimidation (Communicating a Threat) 

The specific criminal offense in Indiana that is most closely related to what other states term “assault” is the crime of “intimidation.” A person commits the offense of intimidation under Indiana Code Section 35-45-2-1 when that person “communicates a threat with the intent” that:

• Another person engage in conduct against the other person’s will;
• Another person be placed in fear of retaliation for a prior lawful act; or
• Another person be placed in fear that the threat will be carried out.”

The statute clarifies what constitutes a threat, and the law is clear that a threat can be carried out through words or actions. The offense of intimidation is a Class A misdemeanor, but it can be charged as a Level 6 felony in certain cases, such as where the threat is to commit a forcible felony, or where the threat is against a witness in a criminal proceeding, for example. Intimidation can be charged as a more serious felony offense in some circumstances, such as when it involves a deadly weapon.

Battery 

In general terms, the term is often used to describe a threat of an action (without any actual touching), while battery is a term often used to describe an action that involves touching. In other states, assault and battery are frequently charged together because the situation involves a threat followed by touching. While Indiana law does not have the offense of “assault,” as we discussed above, but rather “intimidation,” it does have the offense of “battery.”

Battery is defined under Indiana Code Section 35-42-2 when a person “knowingly or intentionally…touches another person in a rude, insolent, or angry manner; or in a rude, insolent, or angry manner places any bodily fluid or waste on another person.” This offense is a Class B misdemeanor. It can become a Class A misdemeanor when the battery results in bodily injury to someone, or when it is committed against a family member.

Criminal Recklessness 

Another assault-related offense in Indiana is “criminal recklessness.” Under Indiana Code Section 35-42-2-2, “a person who recklessly, knowingly, or intentionally performs an act that creates a substantial risk of bodily injury to another person commits criminal recklessness.”

This offense is typically a Class B misdemeanor but it can become a felony offense when a deadly weapon is involved, for example, or when the offense involves aggressive driving that results in another person’s injury.

Contact Our Indianapolis Criminal Defense Lawyers Today 

If you are facing any type of assault-related charge, it is important to seek advice about building a strong defense from one of the experienced Indianapolis criminal defense attorneys at Rigney Law LLC. Contact us today to begin working on a defense strategy that is specifically tailored to the facts of your case.

Sources:

law.justia.com/codes/indiana/title-35/article-45/chapter-2/section-35-45-2-1/

law.justia.com/codes/indiana/title-35/article-42/chapter-2/section-35-42-2-2/#:~:text=Sec.,another%20person%20commits%20criminal%20recklessness