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Defending Against a Battery Charge in Indiana: What You Need to Know

by | Jan 16, 2023 | Criminal Law

If you or someone you know has been charged with battery in Indiana, it’s important to understand the legal options for defending against the charge. Battery is a serious criminal offense that can result in fines, imprisonment, and a criminal record, so it’s important to immediately explore all available defenses.

Under Indiana law, battery is defined as intentionally or knowingly touching someone in a rude, insolent, or angry manner, or causing bodily injury to another person. It’s important to note that battery does not require actual physical contact to occur – it can be committed by touching someone’s clothing or other personal property.

If you’ve been charged with battery in Indiana, there are a few different defenses that you may be able to raise. One defense is self-defense. If you can show that you were acting in self-defense or defense of another person, you may be able to have the charges dismissed. However, to use this defense, you’ll need to show that you had a reasonable belief that you were in imminent danger of bodily harm and that the force you used was necessary to prevent that harm.

Another defense is defense of property. If you can show that you were acting to protect your own property or the property of another person, you may be able to have the charges dismissed. However, like self-defense, you’ll need to show that you had a reasonable belief that your property was in imminent danger and that the force you used was necessary to prevent that harm.

A third defense is consent. If you can show that the alleged victim consented to the physical contact, you may be able to have the charges dismissed. However, it’s important to note that consent is not a defense if the physical contact was intended to cause injury or if the contact exceeded the scope of the consent given.

Finally, you may be able to raise a defense of mistake or accident. If you can show that the physical contact was unintentional or accidental, you may be able to have the charges dismissed. However, this defense is generally only available if you had no intent to cause harm or if you were not acting recklessly.

It’s important to note that these are just a few of the possible defenses to a battery charge in Indiana. The best defense will depend on the specific facts and circumstances of your case.

Contact an experienced criminal defense attorney at Frangos Legal LLC to learn more about how we can help you with your best defense.  You can schedule a consultation by emailing us at [email protected], by telephone at 317-643-1345, or by booking online.