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 them into an action they do not wish to commit with threatening communications, is criminal intimidation, not assault.
Indiana uses the term “battery” for many offenses that laypeople might consider an assault. Per Indiana Code § 35-42-2-1, a battery occurs when one person intentionally touches another in a rude or angry manner or puts bodily fluids or waste on them in a similar manner.
Some common examples of battery include:
- Slapping someone in anger after a verbal taunt
- Punching someone in a fight in a bar
- Pushing or shoving someone to get past them in line at a store
- Throwing a drink or spitting in someone’s face
- Smacking a phone out of someone’s hand
If the action is against a family member or a member of their own household, the charge would likely be domestic battery.
For a battery to constitute a felony, the interaction generally needs to result in moderate to serious bodily injury or involve a deadly weapon. The state also can pursue felony charges in cases where the alleged victim is a protected class, such as law enforcement professionals or children.
In scenarios where there may not have been a direct intent to harm, prosecutors might pursue criminal recklessness charges. If one person engages in behavior that is likely to cause bodily injury to someone else, such as engaging in aggressive road rage driving or firing a weapon in the air in celebration, that could warrant a criminal recklessness charge, even if the victim was not specifically targeted.
Where interactions simply involve rude words, emotional intensity or conduct that makes other people uncomfortable, they generally do not warrant criminal prosecution. For example, accidentally bumping into someone in a crowded store, even if the resulting interaction is rude, is probably not battery. Nor would consensual “horseplay” among friends usually be considered a crime.
The details about the relationship between the people involved, the intentions of the person accused, their prior criminal record and the presence of either injuries or dangerous weapons can all influence how the state handles assault-related criminal matters. Those accused of battery offenses and similar crimes may need guidance as they respond to the allegations they face.
The Law Offices of Ryan E. Lackey in Fort Wayne, Indiana represents people and facing charges related to assault, including battery and intimidation, in Allen County and surrounding areas. Schedule a free initial consultation by calling 260-222-7364 or contacting us online.
