What to Do if You are Facing Felony Assault Charges in Indiana

If you are facing felony assault and/or battery charges in Indiana, there is no time to waste. You must get started on your defense as soon as possible if you want a chance at avoiding the maximum penalties, including jail time. Continue reading to learn what to do and how to protect yourself after being arrested or indicted on felony assault charges in Indiana.

Indianapolis IN Assault and Battery Lawyers
Indianapolis IN Assault and Battery Lawyers 317-636-7514

What is Assault and Battery?

The crime of Assault and battery is considered a violent criminality in our state. “Assault” denotes the threat of violence, whereas “battery” refers to “offensive, angry, or insolent” physical contact. Both are highly reprimanded crimes in Indiana, and those convicted could face serious life-long consequences.

Assault and Battery Charges in Indiana

If you are currently dealing with assault and battery charges, time is not on your side. It is crucial to take immediate action and hire professional legal counsel since the side of prosecution is already building their case against you. For this reason and many more, it is vital to hire an Indianapolis criminal defense law firm as soon as possible to protect your rights and preserve your freedoms. Because such charges are so serious, and come with a harsher level of penalties, it is necessary to invest in private criminal defense. It is not wise to take a public defender if you are facing a felony conviction.

Who to Trust for Indiana Criminal Defense for Assault Charges

David E. Lewis, Attorney at Law, is the tough and aggressive assault and battery attorney you need to protect your future and get you the fairest possible outcome for your case. You can trust him to defend your rights and guide you through the Indiana criminal process, all while keeping your personal best interests in mind. His years of experience and heightened knowledge of criminal law will be your primary defense weapon against over-penalization and jail time.

Ready to get your defense started? Contact the Law Office of David E. Lewis at 317-636-7514 and schedule a free case evaluation to discuss possible defenses for your felony crimes assault and battery charges in Indiana.

You Should Also Read:

Possible Court-Ordered Penalties for Felonies and Misdemeanors in Indiana
Information About State Felony Appeals and Criminal Defense
How Can I Get a Job if I Have a Felony?

Indianapolis Criminal Defense 317-636-7514
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Can I Be Arrested for Defending Myself in a Fight?

If someone threatens you with physical violence, you have a right to protect yourself according to federal and Indiana law. But can you get in trouble yourself if your self defense tactics go to far? Will you be charged with assault if you defend yourself too strongly? Continue reading to find out.

Criminal Defense Law Firm 317-636-7514
Criminal Defense Law Firm 317-636-7514

Self Defense Versus Assault

Many people have a hard time defining self-defense. Although it is technically legal to protect yourself from physical violence; when does self-defense become assault? Many argue the limits of self-defense, with interpretations ranging from liberal to conservative. But regardless of common belief or misconceptions, it is the law and only the law that dictates the rules of self-defense. 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. These details can be read in Indiana Code 35-41-3-2. Here is an excerpt:

A person is justified in using reasonable force against any other person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person:
(1) Is justified in using deadly force; and
(2) Does not have a duty to retreat;
…if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.

Evidence of Rationality

Basically, Indiana legislation is saying that a person has the right to defend themselves if two types of “rationality” are evident. First, the victim must use a form of self-defense that is reasonable to the relation of the force being used against them. For instance, if a bully pushes you, it is not reasonable to take a blunt object to their head. That would not be considered self-defense. However, if the bully were swinging a blunt object at your head, you would have the right to do the same back out of self-defense.

Second, the victim’s belief that the person will harm them with unlawful force must be reasonable. For example, if a girlfriend is yelling at her boyfriend, and then she punches him because he yelled back at her, it would not be self-defense because it was unreasonable to think that her boyfriend was going to physically harm her just because he yelled at her.  

Both elements of rationality must be present in order to qualify for defending oneself. But also, the same stipulations apply to self-defense using deadly force. If a person is trying to use deadly force against you or third parties, you have the right to defend yourself and the others with equal deadly force. For instance, if an intruder breaks into a home and aims a gun at the family, the occupants have the right to shoot and kill the intruder in order to protect their own lives.

Additional Elements of a Self-Defense Case

If a lawyer cannot persuade prosecution that a person’s self-defense claim is substantiated, then the case must go to trail and be presented to a judge and jury. In this situation, the criminal defense lawyer would have to prove the above-mentioned elements, as well as, these 3 additional ones:

1. The victim was in a place they had a right to be in.

2. The victim:
a) acted without fault;
b) did not provoke or instigate the violence;
c) did not participate willingly in the violence.

3. The victim showed a reasonable fear and/or apprehension of harm or death.

So, in the case of a stereotypical bar fight, two guys screaming at each other to “do something” or “hit me” would be considered provocation and a willingness to participate in violence. Therefore, if one guy knocks out the other guy’s teeth, a claim for self-defense would not stand up in court.

Where to Get Trusted Criminal Defense in Indiana

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation with aggressive Indianapolis criminal defense lawyer. Attorney David E. Lewis will stop at nothing to ensure you are not charged with assault in Indiana after defending yourself against another person or group of people. With decades of hands-on experience, you can trust our law firm to build you a strong and impactful defense against your Indiana criminal charges.

Indianapolis Criminal Defense 317-636-7514
Schedule a Free Consultation Today!