Battery Defense in Indiana
Trust Your Case to Our Noblesville Battery Lawyers
If you or a loved one have been charged with battery you need an experienced
Noblesville criminal defense attorney who is prepared to go to trial in order to fight for a favorable outcome.
“Battery” is one of the more common crimes that our clients
are accused of committing, and therefore our firm’s attorneys are
used to battling against the prosecutor when defending our clients against
battery charges. Often, a person is merely defending themselves when they
are accused of battery. “Self-Defense” is statutorily recognized
in Indiana and we regularly utilize it as a defense as we fight for our
client’s best outcome. If hired early enough, we may be able to
take photographs of our client's injuries that he/she suffered and
help prove the self-defense claim. Also, it is not at all rare for our
clients to say “I never hit the guy or girl”. It may be important
to find witnesses or video (if the alleged battery is claimed to have
occurred near a business or home equipped with video cameras).
Over the years, our Noblesville criminal defense lawyers have found key
witnesses and evidence by merely walking down the street and knocking
on doors. We have learned that police often fail to look for evidence
once an arrest is made, therefore it may be incumbent upon the lawyer
to find that evidence that will assist in a not-guilty verdict or a dismissal.
Our firm has developed a variety of methods for defending our clients
accused of battery. These methods have been developed over the years and
our lawyers are trained to utilize these strategies when defending our clients.
Attorneys at The Criminal Defense Team of Baldwin, Perry, and Kamish include five of the only six Board Certified
Criminal Law Specialists in the state of Indiana*, so you know you're
working with highly experienced and skilled professionals who know how
to represent all manner of criminal law cases, including battery.
*Andrew Baldwin, Mark Kamish, Kathie Perry, Max Wiley, and Carrie Miles
are recognized as Board Certified Criminal Trial Advocate by the National
Board of Trial Advocacy
Self Defense in Indiana
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.
How serious is a battery charge?
Battery can range from a low-level misdemeanor (for the most basic type
of battery) to a level 2 felony, meaning that the jail time you could
be facing ranges from 6 months (at the low end) to 30 years (at the high
end). Typically, in order to be found guilty of the most basic battery
charge in Indiana, the prosecutor would have to prove that you:
- Knowingly or Intentionally
- Touched another person
- In a rude, angry or insolent manner
This simple battery charge may be increased all the way up to a level 2
felony, based upon a variety of factors, including:
- The severity of the injury to the victim
- The age of the victim
- Who was the victim (battering police and other law enforcement officers
and safety personnel, for example, increase the level of offense)
- Whether a deadly weapon was used in the commission of the battery
- Who was present when the battery was committed (children under the age
of 16 may increase the level of offense)
We believe that the criminal defense lawyers in our firm have defended
clients against every type of battery case that is on the books in Indiana.
There are a variety of ways to defend against these numerous types of
battery charges, and in our opinion it takes experience and a dedication
to knowing the law, and all of its nuances, to put you in the best position
to get the best outcome when it comes to facing any charge, including battery.
If you need assistance and guidance from Noblesville battery attorney,
contact us today!
What to Expect Following a Battery Arrest
Not every person charged with battery sees a courtroom, but most do. Therefore,
it is important to know what to expect. First, our attorneys will work
with you to uncover any piece of the story, any type of evidence, or explanation
that may be helpful while we are discussing and negotiating the case with
the prosecutor. We may take that information or evidence (such as photographs
or videos) to the prosecutor in an attempt to convince them to drop the
case or to offer a reasonable plea or diversion agreement. Certainly,
this type of information would also be useful at trial in order to attempt
to convince a jury or a judge to find you “not guilty”. It
is very important that you share everything so that we can build the best
defense. Negotiating with prosecutors and pushing your story along the
way takes experience. It takes experience to know how much to share with
the prosecutor in an attempt to resolve the case short of trial, and how
much information you should wait to share with the jury or judge at trial.
The progression of working out a successful resolution, including going
to trial if necessary, is a long, complicated process, so you want the
best, highly skilled, board certified lawyers* in Indiana on your team.
We have represented clients in numerous battery trials, ranging from misdemeanors
to serious felonies, and have a proven track record for success. We take
the time to break down each and every detail of our clients' cases.
This allows us to examine every possible defense to obtain a positive
outcome for our clients. We believe that the best defense is a good offense,
and you need aggressive, dedicated and experienced attorneys on your side
to execute that strategy.
If you find yourself in need of a criminal defense attorney in Noblesville,
don't trust just anyone.
Call The Criminal Defense Team
at (888) 988-5659.