August 2009 Archives

In Indiana, you have the right to use reasonable force to defend yourself or a friend from being attacked or assaulted. You can also use force, including deadly force, to protect your home from unlawful entry. Unfortunately, you may be at risk of being unlawfully arrested for battery or assault, even when you acted to lawfully defend yourself. If unreliable witnesses report the battery, or the person who attacked you goes to the police first, you could be viewed as the perpetrator instead of the victim or a person merely defending yourself from a battery.

Under Indiana law, battery is defined as touching someone in a rude, insolent, or angry manner. If the person suffers some injury, no matter how minor, battery is a Class A misdemeanor. Battery is a Class C Felony if it results in serious bodily injury or by means of a deadly weapon. Aggravated battery is a Class B Felony. A charge of aggravated battery requires that the alleged victim suffered a substantial risk of death or serious permanent disfigurement or a protracted loss or impairment of their body. A Class C Felony carries a penalty of two to eight years in prison. A Class B Felony carries a penalty of six to twenty years in prison.

If you have been in a physical confrontation, you should contact a criminal attorney immediately. If the police initiate a battery investigation, you should never give a statement without your lawyer present. Under the heat of the confrontation, you will not be clear-minded to accurately explain what happened. And, the person who attacked you may have given a grossly false report to the police, which could lead to an aggressive interrogation. Many battery offenses are alcohol related. You should never give a statement to police when you have been drinking or using illegal drugs.

If you have been arrested or accused of battery, you should immediately make a list of witnesses in your favor and provide that to your attorney. An experienced criminal attorney can develop a stronger defense by taking statements of favorable witnesses while the events are fresh in their minds. And, an experienced criminal attorney can determine if it is necessary to hire an investigator to locate additional witnesses. 

It is a defense to a charge of battery if you were acting to protect yourself or a friend from an attack. Your use of force must be reasonable. If you are being investigated for a criminal charge of battery, or are under suspicion of committing a battery, you should contact an experienced criminal attorney. Immediate action can help identify corroborating evidence that you acted in self-defense and prevent you from wrongful suspicion of having committed the battery.

I am a criminal lawyer in Lafayette, Indiana and have handled battery cases and other serious criminal cases throughout Indiana.  I have won acquittal in battery trials multiple times by presenting credible evidence of self-defense. I have also negotiated the dismissal of charges of battery and aggravated battery by presenting credible and compelling evidence of self-defense. If you used force to defend yourself or a friend, you may also need to aggressively defend yourself in court.

Almost all criminal convictions result in some period of probation. If you violate the terms of your probation, the prosecutor or probation department may file a Petition to Revoke Probation ("PTR") and ask the court to issue a warrant for your arrest. If you have violated your probation, it is crucial to contact an experienced criminal attorney right away. Avoiding jail time often requires immediate action.

If a Petition to Revoke Probation has been filed, it is important to obtain a copy of the PTR to determine what it alleges. For example, in almost all DUI and drug related cases, terms of probation require the completion of community service and an alcohol or drug abuse evaluation. Plea Agreements usually provide that if these terms are not timely completed, the defendant must serve a fixed period in jail. If the PTR alleges that these terms were not completed, an experienced criminal attorney may be able to negotiate an extension of time. 

If the PTR alleges that you committed a new crime, you may face more serious consequences for the probation violation, than even the new offense. On a pending criminal case, you have the right to a trial by jury and to force the prosecutor to prove your guilt beyond a reasonable doubt. However, on a probation violation, the prosecutor only has to prove that it is more likely than not that you violated probation. And, the PTR will be heard by a judge and not a jury. If you are charged with a new offense while on probation, an experienced criminal attorney may be able to negotiate a plea agreement in the new case that will dismiss the probation violation. 

You should never appear in court for an initial hearing without an attorney, especially if you are on probation on another case. If a PTR has been filed, you could have a warrant out for your arrest. You should also never represent yourself in accepting a plea agreement, even if you think the terms are favorable. By accepting a plea agreement in a new case, you have now admitted the facts necessary to prove that you violated your probation.  If you are on probation and a PTR is filed, you should contact an experienced criminal attorney immediately. Aggressive action is often required to avoid jail time or other sanctions on the PTR.