Assault And Battery Lawyers In Indiana

Last updated on April 21, 2025

Understanding the nuances of assault and battery charges under Indiana law is essential. Unlike some states, Indiana does not have a specific “assault” statute. Instead, it addresses related behaviors through other legal provisions. If you are facing such charges, you should work with a criminal defense attorney to guide you through the legal complexities and protect your rights within the criminal justice system.

With over 65 years of combined experience in handling criminal charges like assault and battery for people in Evansville, Indiana, we understand how difficult this type of case can be. Our attorneys will work alongside you to help ensure they fully understand your unique position and craft a strategic and personalized defense.

What Is Considered Assault Under Indiana Law?

In Indiana, there is no one law defining “assault.” However, actions that might be considered assault in other states are often prosecuted under laws addressing intimidation or criminal recklessness.

Intimidation involves threatening someone with harm or placing them in fear, while criminal recklessness covers actions that create a risk of serious bodily injury to others. No physical contact is required to be accused of these offenses.

Intimidation charges in Indiana involve communicating a threat with specific intent. This can include threatening someone to force them to act against their will, placing them in fear for prior lawful actions, causing evacuation of buildings or vehicles or creating fear that the threat will be carried out.

The severity of intimidation charges varies significantly. While it typically starts as a Class A misdemeanor, several factors can elevate it to a felony status:

• Forcible felony threats: Communicating an intention to commit a crime involving force
• Witness intimidation: Threatening witnesses or their family members in criminal proceedings
• Occupational threats: Making threats related to someone’s job or professional status
• Repeat offenses: Having prior convictions for intimidation against the same victim
• Institutional property: Using school or government property to communicate threats

Under Indiana law, a “threat” covers expressions ranging from declarations to injure someone to statements that could harm someone’s reputation or cause evacuation of buildings.

If someone verbally threatens another person or engages in dangerous behavior that puts others at risk, they could face charges that function similarly to assault under Indiana law.

What Is Considered Battery Under Indiana Law?

Unlike assault, Indiana law explicitly addresses battery as a criminal offense. Battery is knowingly or intentionally touching another person in a rude, insolent or angry manner.

Here, physical contact is a critical element, but even minimal offensive contact can lead to a battery charge if done aggressively or without consent. Indiana’s battery statute covers a surprisingly broad range of physical contacts. The “touching” element does not require violent actions such as:

• Minor contact: Even light touching can qualify if done rudely or angrily
• Indirect contact: Touching someone’s clothing or an item they’re holding
• Brief contact: The duration of contact is irrelevant to establishing the offense
• Unwanted contact: Any physical interaction without consent or with hostility
• Bodily substances: Placing bodily fluids or waste on another person, including spitting

Battery charges escalate based on resulting harm and victim status. The offense begins as a Class B misdemeanor but becomes more serious with bodily injury, targeting of protected groups like children or public officials, use of weapons or when dealing with infectious bodily fluids. In the most severe cases involving death, battery can be charged as a Level 2 felony.

The severity of the charge depends on factors like the degree of harm caused, the use of weapons, or whether the incident involved a child, older adult or public safety official.

Protect Your Rights

Dealing with accusations of assault or battery can be emotionally taxing. Bob Zoss Law Office, LLC, can help you understand your charges, explore possible defenses and work toward the best outcome for your case. Call 812-266-9609 today or use our online form to schedule a consultation.