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Assault and battery charges and defenses in Indiana

| Jul 7, 2020 | Uncategorized

What started out as a great night on the town with your friends turned ugly fast. You ended up in a fight. Some threats were made, fists started flying, punches were thrown — and you wound up arrested.

Now that all of the fuss has settled, you’re understandably panicked. Facing assault and battery charges is pretty intimidating stuff. Do you have any hope of a defense?

Absolutely. Exactly which defense is applicable to your case depends a lot on the circumstances of your fight, but some common defenses include:

  • You were acting in self-defense. Generally, as long as you were threatened and had good reason to believe the threat was valid, you have a right to defend yourself. (That right might evaporate, however, if you provoked the other party or could have easily just walked away from the encounter.)
  • You were defending someone else. Maybe you stepped in between someone who was being aggressive and threatening to your best friend. If your friend genuinely seemed to be in danger of actual harm, that’s a valid defense for your actions.
  • The other party consented to the assault. It sounds strange, but it happens all the time — especially when alcohol is involved. For example, maybe the other party dared you to throw a punch because they wanted to prove that they were tough. While it probably wasn’t wise to take them up on their dare, it could be a reasonable defense.

Indiana takes assault and battery charges quite seriously. Depending on the situation, you could be charged with a misdemeanor or a felony — and jail time is a real possibility. Start working with your attorney as soon as possible on an appropriate defense strategy for your case.