Assault and battery bring to mind violence, but their actual definitions include broader applications. You can be charged with “assault,” “battery,” or both under different names in Indiana or Ohio.While “assault” is broadly defined as threatening violence and “battery” is considered actually committing violent acts, both states define them in unique ways and mandate strict penalties if you are convicted.
Trial Lawyer Matthew W. Chapel knows how to present the most vigorous defense against assault and battery charges. He knows that recollections and accounts of the acts in question can be highly questionable after the moment's emotions wane. Matt also knows how to refute charges and explanations to protect your rights and closely examine law enforcement's actions for potential violations and mistakes.
When you are facing charges of assault and battery in Ohio or Indiana, call Matt Chapel right away at (260) 387-6236 for your FREE consultation.
Assault and Battery in Indiana
The State of Indiana has no specific statute of “Assault.” The closest offenses fall under the Intimidation/Threat Sections (Code 35-45-2-1), which offers broader applications. For example, simply sending a threatening or intimidating letter could result in Intimidation/Threat charges. Different actions can result in charges from Class A misdemeanors to Level 6 felonies.
Moving beyond such threatening actions to “knowingly or intentionally… [touching] another person in a rude, insolent, or angry manner…” can result in charges of “Battery” (Code 35-42-2-1). However, battery charges can be complex due to the number of possible variables. Specific victims, the extent of harm, using a deadly weapon, and other altercation circumstances can result in anything from a Class A or B misdemeanor to a Level 6 felony.
Criminal Recklessness (Code Section 35-42-2-2) is another similar charge that can be levied in relatable circumstances. It also can result in Level 5 or 6 felony penalties.
Possible Penalties
· Intimidation/Threat: Between up to one year in jail and up to $5,000 in fines for a Class A misdemeanor, to between six months and 2.5 years in jail and fines up to $10,000for a Level 6 felony.
· Criminal Recklessness: Between up to 180 days in jail and up to $1,000 in fines fora Class B misdemeanor), to between six months and 2.5 years in jail and fines up to $10,000 for a Level 6 felony.
· Battery: Between up to 180 days in jail and up to $1,000 in fines fora Class B misdemeanor, to between six months and 2.5 years in jail and fines up to $10,000 for a Level 6 felony.
Assault and Battery in Ohio
The State of Ohio specifies different levels of “Assault” and “Battery” charges that each contain complicating factors. Assault (Code2903.13) can be defined as:
· Simple Assault
· Negligent Assault
· Felony Assault
· Aggravated Assault
Battery Charges in Ohio involve negligent or intentionally caused bodily harm or offensive physical contact and are somewhat vaguely defined in the same code as above. They are also separated into “Simple” and “Aggravated” categories with corresponding penalties.
Possible Penalties
Both Ohio assault and battery charges carry a minimum misdemeanor charge of up to six months in jail and a fine of up to$1,000, to felony charges of up to eight years in jail and fines of up to$20,000. Victims may also be awarded restitution.
Seasoned Criminal Defense for Assault and Battery
When you are charged with assault and battery on any level in Ohio or Indiana, you need a seasoned criminal defense trial lawyer who knows how to craft a formidable defense. Understanding the nuances and differences between the states and the various charges involved is critical. Matt Chapel can work with you to fight against charges, have them reduced or dismissed, and other vital aspects of defending your rights and protecting your future.
Contact Matthew W. Chapel, Trial Lawyer in Fort Wayne, today at (260) 387-6236 or complete the contact form and ask for your FREE consultation NOW.
