It is not unusual for a client to be arrested for battery. It is certainly one of the more common crimes that we see in our practice. Battery cases, in our opinion, are very often the types of cases where a strong and aggressive defense can lead to a dismissal or great plea agreement. The range of crimes that can be charged from a battery accusation range from misdemeanor charges all the way up to very high level felonies. A charge of battery, in our experience, lends itself to a variety of defenses which are often available. “It takes two to tango,” is a phrase often uttered in our firm on battery cases. This means that often one party began the incident, and another had no choice but to finish I it or be injured themselves, but unfortunately the police will arrest the wrong person. Often, the police will arrive at the scene and see one person more injured than the other. Perhaps they have a cut lip or bleeding nose or redness and swelling on some other part of their body while the other person is seemingly uninjured. Unfortunately, very often the seemingly uninjured person is the one arrested, even though the police have no idea what actually happened. In other words, the person is only arrested because he/she is was the better fighter. However, in Indiana, both the appellate courts and legislature have provided Indiana’s citizens with a strong right to drape yourself in “self-defense” under many circumstances.
Every once in a while a client will tell us that they were not at all involved in an altercation that lead to their arrest. Our job may then be to locate witnesses, depose witnesses and perhaps file an alibi defense in order to provide the prosecutor a reason to dismiss charges or a jury a reason to find out client “not guilty”. However, the vast majority of cases involve our team utilizing the powerful “self-defense” laws of Indiana. Technically, Indiana Code 35-41-3-2 calls this defense “Use of force to protect person or property.” Essentially, in Indiana, this defense stands for the proposition that you can use reasonable force to protect yourself, another person or even property. There are several exemptions from its use that may prevent a person from legally utilizing this defense. For example, in order to legally claim self-defense, you must be in a place where you have a legal right to be. If you are in the middle of burglarizing someone and the homeowner you are burglarizing starts battering you, then you cannot claim self-defense. Also, if you are being slapped and you take out a gun and shoot someone in response, then you possibly would be unable to credibly utilize a claim of self-defense as the response of using a weapon may not be considered reasonable when the battery you were responding to was a slap to the face. However, every case would need to be analyzed factually before making those determinations. For example, The Criminal Defense Team successfully defended a client of homicide who shot and killed an unarmed man who had moments before punched our client. Initially, it seemed like a hard sell to claim that shooting and killing someone who had merely punched you was a reasonable action. However, our client was smaller than his attacker. There were other factors that our Team brainstormed and which we argued to the jury which helped us convince the jury that he should be found not guilty. He was in fact found not guilty and is currently living his life working in a factory in Fort Wayne. Our Team could tell you story after story where we have successfully defended those charged with battery, whether they be misdemeanor allegations or felony accusations. We believe it takes experience, know-how and a reputation for a willingness to fight all the way to trial that makes all the difference. At The Criminal Defense Team, we have combined experience in more than 300 jury trials.
Basic battery charges can be charged as misdemeanors while more serious felony charges come with a sentence of six months to 30 years in jail, if convicted. However, in order to reach a conviction, a prosecutor must prove that you intentionally touched another in a rude or angry manner with the intention to cause harm.
Our lawyers have handled thousands and thousands of cases all over the state of Indiana, and thousands of those cases have been fought in central, south central and southern Indiana courtrooms. We use our office in Franklin as our base when battling in southern and south central Indiana counties, where some of our lawyers have been fighting for our clients since 1994. Collectively, the Criminal Defense Team has over 100 years of combined experience in criminal law. We know how to prepare the fight for a battery allegation, or any type of charge, for that matter.
In our experience working out a successful resolution requires the diligence to see your case through to the end, whether that involves a judge and jury or not. Our Indiana team have developed our methods over our 100 years of combined professional practice and we are well-trained to utilize these strategies for your defense.