About Assault and Battery
While often used together and confused for each other, “Assault” and “Battery” are two distinct charges with their own definitions and penalties. One can be charged with “Assault” but not “Battery” or the other way around.
Broadly speaking, “Assault” is the threat of violence where “Battery” is the actual violent act itself. This means that if you were to threaten to harm someone but don’t actually do it you can be charged with “Assault”. However the physical act of “knowingly or intentionally… [touching] another person in a rude, insolent, or angry manner…” can result in a charge of “Battery”. (Battery IC 35-42-2-1)
Assault and Battery Charges in Indiana
In Indiana, there is no specific statute for the crime of “Assault”. What most states consider “Assault” is most closely related to Indiana’s “Intimidation/Threat” statutes. (Intimidation/Threat IC 35-45-2-1)
In fact, Indiana’s “Intimidation/Threat” is a bit more broad than most other state’s “Assault” statutes. “Assault” charges often require a threat of violence and *imminent* bodily harm. In Indiana, sending an intimidating letter without a threat of bodily harm could still result in charges of “Intimidation/Threat”. In another state this would not result in an “Assault” charge.
A “Battery” charge may be the result of any bodily harm done to another person against their will. However, “Battery” charges can be complex depending on who the victim was, the extent of the harm done and circumstances of the altercation. It’s important that you have the best criminal defense attorney who understands the complexity of the law.
Assault and Battery Penalties in Indiana
Depending on the severity of the crime, “Intimidation/Threat” and “Battery” charges can be charged as misdemeanors or felonies. In the state of Indiana, individuals charged with a felony for “Intimidation/Threat” or “Battery” can face up to 2 1/2 years in prison and fine up to $10,000 for each charge.
Ohio not only includes “Assault” criminal charges, they also broadly group theirs into two categories; “Simple Assault” which may result in misdemeanors and “Aggravated Assault” which may result in felony charges depending on the victim of the “Assault”. (OH RC Section 2903.13)
Similarly, Ohio’s “Battery” statutes follow the same breakdown of “Simple” and “Aggravated” with resulting misdemeanors and felonies largely (but not exactly) aligned with their “Assault” statutes. It’s important to have a knowledgeable criminal defense attorney who understands the complexity of the charges brought against you.
While “Simple Assault” or “Simple Battery” charges might not sound too severe, you will still end up with a misdemeanor on your record and could face up to 6 months in jail, a fine up to $1,000 and additional restitution to the victim. An “Aggravated Assault” or “Aggravated Battery” charge could result in a felony, up to 8 years in prison, fines up to $20,000 and additional restitution to the victim.
In either state, your future and freedom are at stake with alleged assault, intimidation/threat or battery charges.