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 does not require physical contact, while battery does.
As detailed in Indiana Code 35-45-2-1, intimidation occurs when an individual communicates a threat to another person, with the intention of doing any of the following:
- Forcing the person to engage in conduct against their will
- Preventing the person from engaging in lawful conduct
- Retaliating against a person for a prior lawful act
Intimidation is classified as a Class A misdemeanor, carrying possible penalties of up to one year in jail and a fine of up to $5,000. However, the crime can be escalated to a Level 6 felony if the threat is made against a law enforcement officer, a judge or a bailiff or if it is made using a deadly weapon. The crime can be raised still further to a Level 5 felony if coupled with the intent to commit a forcible felony.
Battery is defined in Indiana Code 35-42-2-1 as touching another person in a rude, insolent or angry manner. It is charged as a Class B misdemeanor, which is punishable by up to 180 days in jail and a fine or up to $1,000. However, a battery can be escalated to a Class A misdemeanor if it results in bodily injury to another person.
More severe forms of battery can be charged as a Level 6 felony or higher. These include physical contact that causes moderate or serious bodily injury, involves the use of a deadly weapon or is committed against certain classes of individuals (such as minors or law enforcement officers). The circumstances of the offense, including the severity of injury and the identity of the victim, affect the level of the charge.
Charges of intimidation and battery can be reduced to lesser offenses depending on factors like the defendant’s lack of prior criminal history, the severity of the threat or injury, any mitigating circumstances, and the defendant’s participation in restorative justice programs. A skillful criminal defense attorney can often negotiate a plea deal that leads to reduced penalties.
If you face assault and battery charges in Indiana, you need reliable, vigorous and cost-effective representation from The Law Offices of Ryan E. Lackey in Fort Wayne. For a free consultation, please contact us online or call us at 260-222-7364.
