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The crime of assault is often confused with the crime of battery. While battery consists of the unwanted touching of another without their consent that is either harmful or offensive, assault is an attempt or a threat to commit battery. In Indiana, assault may be charged as “Attempted Battery”. Most states have both assault and battery laws in their criminal statutes, but Indiana does not. The term “assault” may refer to several statutes in the state of Indiana, including charges of battery, intimidation, and/or criminal recklessness.
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Benefits of Hiring Hatfield Law for Assault and Battery
At Hatfield Law, our attorneys are familiar with the latest assault and battery laws and can examine the facts surrounding your case. Building a defense will require a thorough review of the facts and investigation. Our experience in prosecution and defense will help provide the best result when facing criminal charges.
Save as PDFAbout Assault Cases
In Indiana, assault cases are normally charged as one of the following three Indiana statutes:
IC 35-45-2-1—Intimidation/Threat
Sec. 1 . A person who communicates a threat to another person, with the intent:
- (1) that the other person engage in conduct against the other person’s will;
- (2) that the other person be placed in fear of retaliation for a prior lawful act; or
- (3) of:
- (a) causing:
- (i) a dwelling, a building, or other structure; or
- (ii) a vehicle; to be evacuated; or
- (b) interfering with the occupancy of:
- (i) a dwelling, building, or other structure; or
- (ii) a vehicle; commits intimidation, a Class A misdemeanor.
(B) However, the offense is A:
- (1) Level 6 felony if:
- (a) the threat is to commit a forcible felony;
- (b) the person to whom the threat is communicated:
- (i) is a law enforcement officer;
- (ii) is a witness (or the spouse or child of a witness) in any pending criminal proceeding against the person making the threat;
- (iii) is an employee of a school or school corporation;
- (iv) is a community policing volunteer;
- (v) is an employee of a court;
- (vi) is an employee of a probation department;
- (vii) is an employee of a community corrections program;
- (viii) is an employee of a hospital, church, or religious organization; or
- (ix) is a person that owns a building or structure that is open to the public or is an employee of the person; and, except as provided in item (ii), the threat is communicated to the person because of the occupation, profession, employment status, or ownership status of the person as described in items (i) through (ix) or based on an act taken by the person within the scope of the occupation, profession, employment status, or ownership status of the person;
(C) the person has a prior unrelated conviction for an offense under this section concerning the same victim; or
(D) the threat is communicated using property, including electronic equipment or systems, of a school corporation or other governmental entity; and
(2) A Level 5 felony if:
- (a) while committing it, the person draws or uses a deadly weapon; or
- (b) the person to whom the threat is communicated:
- (i) is a judge or bailiff of any court; or
- (ii) is a prosecuting attorney or a deputy prosecuting attorney.
IC 35-42-2—Criminal Battery
(C) Except as provided in subsections (D) through (K), a person who knowingly or intentionally:
- (1) touches another person in a rude, insolent, or angry manner; or
- (2) in a rude, insolent, or angry manner places any bodily fluid or waste on another person; commits battery, a Class B misdemeanor.
(D) The offense described in subsection (C)(1) or (C)(2) is a Class A misdemeanor if it:
- (1) results in bodily injury to any other person; or
- (2) is committed against a member of a foster family home (as defined in IC 35-31.5-2-139.3 ) by a person who is not a resident of the foster family home if the person who committed the offense is a relative of a person who lived in the foster family home at the time of the offense.
(E) The offense described in subsection (C)(1) or (C)(2) is a Level 6 felony if one (1) or more of the following apply:
- (1) The offense results in moderate bodily injury to any other person.
- (2) The offense is committed against a public safety official while the official is engaged in the official’s official duty.
- (3) The offense is committed against a person less than fourteen (14) years of age and is committed by a person at least eighteen (18) years of age.
- (4) The offense is committed against a person of any age who has a mental or physical disability and is committed by a person having the care of the person with the mental or physical disability, whether the care is assumed voluntarily or because of a legal obligation.
- (5) The offense is committed against an endangered adult (as defined in IC 12-10-3-2 ).
- (6) The offense:
- (a) is committed against a member of a foster family home (as defined in IC 35-31.5-2-139.3 ) by a person who is not a resident of the foster family home if the person who committed the offense is a relative of a person who lived in the foster family home at the time of the offense; and
- (b) results in bodily injury to the member of the foster family.
(F) The offense described in subsection (c)(2) is a Level 6 felony if the person knew or recklessly failed to know that the bodily fluid or waste placed on another person was infected with hepatitis, tuberculosis, or human immunodeficiency virus.
(G) The offense described in subsection (C)(1) or (C)(2) is a Level 5 felony if one (1) or more of the following apply:
- (1) The offense results in serious bodily injury to another person.
- (2) The offense is committed with a deadly weapon.
- (3) The offense results in bodily injury to a pregnant woman if the person knew of the pregnancy.
- (4) The person has a previous conviction for a battery offense:
- (a) included in this chapter against the same victim; or
- (b) against the same victim in any other jurisdiction, including a military court, in which the elements of the crime for which the conviction was entered are substantially similar to the elements of a battery offense included in this chapter.
- (5) The offense results in bodily injury to one (1) or more of the following:
- (a) A public safety official while the official is engaged in the official’s official duties.
- (b) A person less than fourteen (14) years of age if the offense is committed by a person at least eighteen (18) years of age.
- (c) A person who has a mental or physical disability if the offense is committed by an individual having care of the person with the disability, regardless of whether the care is assumed voluntarily or because of a legal obligation.
- (d) An endangered adult (as defined in IC 12-10-3-2 ).
(H) The offense described in subsection (C)(2) is a Level 5 felony if:
- (1) the person knew or recklessly failed to know that the bodily fluid or waste placed on another person was infected with hepatitis, tuberculosis, or human immunodeficiency virus; and
- (2) the person placed the bodily fluid or waste on a public safety official.
(I) The offense described in subsection (C)(1) or (C)(2) is a Level 4 felony if it results in serious bodily injury to an endangered adult (as defined in IC 12-10-3-2 ).
(J) The offense described in subsection (C)(1) or (C)(2) is a Level 3 felony if it results in serious bodily injury to a person less than fourteen (14) years of age if the offense is committed by a person at least eighteen (18) years of age.
(K) The offense described in subsection (C)(1) or (C)(2) is a Level 2 felony if it results in the death of one (1) or more of the following:
- (1) A person less than fourteen (14) years of age if the offense is committed by a person at least eighteen (18) years of age.
- (2) An endangered adult (as defined in IC 12-10-3-2 ).
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In Indiana, an assault, properly entitled Attempted Battery, requires the elements listed in the statute above.
In attempted battery cases, or assault in some jurisdictions, no actual bodily contact has been made with the victim. Even if the perpetrator intended to cause harm but their aim was off, an assault has been committed. This is in contrast to battery, where the perpetrator or an object used by them made bodily contact with the victim.
Save as PDFWhy Hire Hatfield Law for Assault Cases?
At Hatfield Law, we review every fact and ensure the investigation was conducted properly. When you engage our services, you can trust our attorneys to handle your case with the highest level of professionalism and sensitivity.
If you want to schedule a free consultation with one of our assault attorneys, feel free to contact us now. You can call Hatfield Law at 812-422-0222 or send an email to ryan@hatfieldlaw.com or david@hatfieldlaw.com.
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