Assault and battery are serious charges. Whether a bar fight, an online threat, or a domestic scuffle, putting hands on another person in an aggressive or malicious manner is against the law. But what many offenders of assault and battery do not realize is that assault is both a criminal and civil offense. Furthermore, a person can be charged with assault without ever physically touching someone.
This means that the consequences and penalties for committing assault are more extensive than other common crimes. Not only can charges be brought against a person in criminal court, both federally and on a state level, the victim of assault can bring charges against a convicted offender in civil court.
Continue reading to learn more about the potential consequences of being charged and convicted of assault in Indiana, as well as, where to get seasoned criminal defense to protect yourself from the maximum penalties you face if already charged.
Assault and Battery Charges
Assault and battery are not the same. Assault refers to the threat of violence or harassment, whereas battery is used to describe “rude, angry, or insolent” physical contact. Even just making a threatening statement to another person a crime. The charges for both range from Class B Misdemeanors to Level 2 Felonies, depending on the circumstances and details of the offense. Common penalties for assault and battery charges include jail time, large fines, community service, probation, restitution, and more.
A person charged and convicted of assault or battery can also be sued in civil court by the victim. The victim can file a personal injury claim to recover compensation for their medical expenses, hospital bills, lost wages from work, pain, suffering, and more. It is common for such settlements to reach several thousand dollars.
Assault is Also a Civil Tort
When an individual or entity intentionally behaves in a way that causes another person harm, it is categorized as an intentional tort. Intentional torts can come with both criminal and civil ramifications for the at-fault party, all of which vary from state to state, but may include mandated court orders, fines, restitution, probation, jail, travel restrictions, bans, and more.
Common examples of intentional torts include assault, battery, defamation of character, fraud, invasion of privacy, false imprisonment, conversion (taking someone else’s property and converting it to their own), trespass to chattel (interference with personal property), trespass to land (using someone’s personal property without consent), deliberate infliction of emotional distress, and more.
Self-Defense Law
Depending on which state you live in, the laws surrounding self-defense may vary. But ultimately, the basic rules are relatively the same across the board. For instance, Indiana legislation recognizes that citizens have the right to protect their home against unlawful intrusion, as well as, defend themselves and third parties from physical harm or crime. And this is essentially the same recognition for all state legislation. Indiana legislature introduces their statute regarding self-defense with this recognition, and defines the laws of self-defense in Indiana Code 35-41-3-2.
Are You Facing Assault Battery Criminal Charges?
If you do not already have a licensed criminal defense lawyer working on your Indiana assault and battery case, you need one right away. Contact David E. Lewis, Attorney at Law, at 317-636-7514 to start building a strong and impactful defense against your criminal charges so that you have a chance at avoiding the maximum penalties for your suspected crimes. Our law firm offers free initial consultations, so there are no out-of-pocket obligations to you. Call 317-636-7514 and get started protecting your future, today.
