By Ryan E. Lackey | Published September 6, 2025 | Posted in Criminal Defense | Tagged Tags: Assault, Battery, criminal offense | Comments Off on What Is “Assault and Battery” Under Indiana Law?
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
Read More
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
Read More
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
Read More
Understanding Indiana’s Stand Your Ground Law and Its Limits
Indiana’s Stand Your Ground law provides a legal defense for individuals who use reasonable force to protect themselves, others or their property under specific circumstances. The law states that a person is justified in using reasonable force against another individual to protect themselves or a third person from what they reasonably believe to be the Read More
Read More
What Is the Crime of Intimidation in Indiana?
In many states, the crime of assault means an intentional act that causes another person to fear imminent bodily harm, even if no physical attack occurs. Indiana does not recognize assault as a standalone offense. Instead, there is the crime of intimidation, which can be a misdemeanor or a felony depending on the nature and Read More
Read More
What Does it Mean to Have Criminal Records Expunged in Indiana?
In Indiana, individuals with certain criminal records may seek expungement, which limits public access to those records. Expungement provides a fresh start by sealing records, offering a chance to overcome barriers to employment, housing, and other opportunities. However, state law places restrictions on what can be expunged and in what time frame. Expungement eligibility is Read More
Read More
Pros and Cons of Refusal to Take a Breath Test in Indiana
In Indiana, a driver who is stopped for suspected drunk driving is often asked to submit to a breath test to determine their blood alcohol concentration (BAC). Refusing to take this test can have legal consequences, but there are situations where it might make more sense to refuse, depending on the specific circumstances and potential Read More
Read More
The Impact of Violence on Criminal Sentences in Indiana
In Indiana, the use of violence during the commission of a crime significantly affects the potential punishment a convicted offender might face. Courts are empowered to consider various “aggravating circumstances” when determining the appropriate sentence. One of these is whether the offense was a crime of violence. The term “crime of violence” has a distinct Read More
Read More
What Are Marijuana Drug Crime Conviction Penalties in Indiana?
What Are Marijuana Drug Crime Conviction Penalties in Indiana? Penalties for conviction of drug possession depend on the type and quantity of the drug in possession. In Indiana, even if you’re charged with crimes involving marijuana, drug crimes are accompanied by harsh legal penalties. Regardless of the severity of your charge, it’s vital to hire Read More
Read More
What Are Aggravating Factors?
What Are Aggravating Factors? Aggravating factors are circumstances relevant to the case that increase the harshness of penalties appropriate. These factors result in elevated charges because they cause the law to view the crime as more severe. While some factors may be considered aggravating, other factors may be considered mitigating — in other words, these Read More
Read More
