What are Defenses to Assault in Indiana?

In Indiana, there is not a statute that recognizes assault as a standalone offense. Instead, the Indiana Code lists the crime of intimidation as the closest legal definition of the offense commonly known as assault in other states. Intimidation in Indiana is the offense of threatening someone or behaving in a way that causes the victim to reasonably believe that they are at risk of imminent harm.

Intimidation will be charged as a Class A misdemeanor, unless there are aggravating factors. Even a conviction for a misdemeanor, however, can result in up to one year in jail and up to a $5000 fine. Fortunately, it may be possible to avoid these consequences. Below, our Indianapolis criminal defense lawyer explains what these are in greater detail.

Is Self-Defense a Defense to Intimidation in Indiana?

You may be able to use the affirmative defense of self-defense or defense of others when charged with intimidation. Legally, individuals in Indiana can use reasonable force if they believe it is necessary to prevent imminent force. The level of force used must be in direct proportion to the threat, meaning excessive force is not allowed.

Self-defense cannot be used if you instigated, provoked, or participated in the initial conflict that required self-defense. You must have also been in a place where you were legally allowed. For example, if you were trespassing, self-defense may not apply if the property owner was asking you to leave the property.

Other Defenses to Intimidation in Indiana

In addition to protecting you or someone else from harm, there are other defenses to intimidation in Indiana. These include:

• No real threat: If you were joking or exaggerating and had no intent to harm someone.
• Lack of intent: You did not intend to scare, threaten, or intimidate.
• The threat is not credible: The threat was a condition of something that was not credible, possible, or imminent.
• False accusation: The accusation is based on resentment, bias, or other conflict between the parties.

Call Our Criminal Defense Lawyers in Indianapolis Can Build the Strong Case You Need

Intimidation may not sound like a major offense, but it does have harsh penalties for those convicted. At Rigney Law, LLC, our Indianapolis criminal defense lawyers can review the facts of your case and build the strong defense you need to help you obtain the best possible outcome. Call us today at 317-623-0989 or fill out our online form to request a free consultation with one of our experienced attorneys and to learn more about how we can help.

Source:

law.justia.com/codes/indiana/title-35/article-45/chapter-2/section-35-45-2-1/