By Ryan E. Lackey | Published April 6, 2026 | Posted in Assault | Tagged Tags: altercation, constitute, domestic battery, retaliation | Comments Off on Understanding What Counts as Assault in Indiana and What Doesn’t
Understanding What Counts as Assault in Indiana and What Doesn’t
Indiana does not have a standalone offense called “assault.” Instead, there are a handful of other criminal charges that prosecutors may pursue against individuals after an altercation. In other states, making a credible threat against another person could constitute assault. In Indiana, attempting to put another person in fear of unlawful retaliation, or to force Read More
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What Happens After a DUI Arrest in Indiana?
Driving under the influence of alcohol or certain controlled substances in Indiana is officially called operating while intoxicated (OWI). When someone is charged with OWI, they face two distinct and simultaneous processes: a criminal prosecution in the court system and an administrative action initiated by the Indiana Bureau of Motor Vehicles. OWI can be charged Read More
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Understanding “Wobblers” aka Level 6 Felonies in Indiana
In Indiana’s hierarchy of felony offenses, Level 6 felonies sit in a unique position. They are serious enough to carry felony penalties, but courts can sometimes treat them like misdemeanors. That is why they are referred to as “wobblers.” Understanding how these charges are dealt with by criminal courts is important to protecting your rights Read More
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What to Expect at an Initial Hearing in Indiana Criminal Court
When someone is charged with a crime in Indiana, their first appearance in criminal court is known as the initial hearing. This hearing is not about arguing the facts of the case or proving guilt or innocence. It is a procedural checkpoint focused on reading the charges, setting bail and making sure the defendant is Read More
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Understanding Indiana’s Stand-Your-Ground Defense for Use of Force
Indiana’s stand-your-ground law outlines the circumstances in which individuals are legally justified in using force, including deadly force, to defend themselves, others or their property without the obligation to retreat. The law states that a person can use reasonable force, including deadly force, if they reasonably believe it is necessary to prevent serious bodily injury Read More
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Restitution as Part of Punishment for Theft Offenses in Indiana
Restitution is a common component of sentencing in theft-related criminal cases in Indiana. It represents the court-ordered payment by an offender to a victim, intended to compensate for the financial losses resulting from the crime. Under Indiana law, courts are vested with the authority to order restitution as a part of the sentence upon conviction Read More
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When Is Expungement of a Criminal Record Available in Indiana?
Expungement in Indiana is a legal process designed to offer individuals a fresh start by sealing their criminal records from public view. The primary goal of expungement is to remove barriers to employment, housing, education and other opportunities for individuals who have paid their debt to society and demonstrated rehabilitation. If expunged, the records will Read More
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What Is “Assault and Battery” Under Indiana Law?
In common discourse and in the media, the term “assault and battery” is often used to describe a single criminal offense. However, under Indiana law, these terms represent distinct legal concepts with separate definitions. Although Indiana does not recognize assault as a standalone crime, it addresses similar conduct under the offense of “intimidation.” Notably, intimidation Read More
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How Pre-Trial Diversion Can Benefit First-Time Offenders
Pre-trial diversion offers an opportunity for certain people facing criminal charges to avoid prosecution and the consequences of a criminal conviction. This remedial program is intended to address behaviors that can be corrected without immediate recourse to punitive measures. Also known as withholding of prosecution, pre-trial diversion is primarily available to first-time offenders charged with Read More
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What Indiana Drivers Should Know About DUI Checkpoints
DUI checkpoints are used by law enforcement to deter driving under the influence of alcohol or drugs and to identify and apprehend drivers who do so. In Indiana, such checkpoints are more common during summer months and holidays, when impaired driving is more likely. Although random traffic stops are generally unconstitutional, the U.S. Supreme Court, Read More
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