When is Assault Charged as a Felony?
Felony assault is a crime that can be charged in many different states, but when an offense like assault is charged in Indiana, it is typically charged as “intimidation,” and felony intimidation when the charge is elevated from a misdemeanor to a felony. To be clear, Indiana law does not have a specific offense of “assault.” Instead, there are several different assaultive offenses that may be charged in situations where a person allegedly makes threats, touches a person without their consent, or engages in fighting or causes a serious disruption. Those other offenses include battery and disorderly conduct. When are the offenses of intimidation, battery, or disorderly conduct charged as felonies? Our Indianapolis criminal defense attorneys can explain in more detail.
Elevated Charges for “Assault”
In general, “assaults” charged as intimidation, battery, or disorderly conduct are misdemeanor offenses. Both intimidation and battery are typically charged as Class A misdemeanors (the most serious type of misdemeanor), and disorderly conduct is typically charged as a Class B misdemeanor. However, the charges can be elevated to felonies when there are aggravating or enhancing circumstances.
The types of aggravating or enhancing circumstances depend on the specific charge, as well as the person’s criminal record.
Felony Charges for Intimidation, Battery, or Disorderly Conduct
Intimidation charges can be elevated from Class A misdemeanor to Level 6 or Level 5 felony charges under various circumstances under IC 35-45-2-1, including but not limited to circumstances in which the intimidation also included a threat to commit a forcible felony or the person has a previous intimidation conviction involving the same victim (Level 6 felony) or the intimidation involved the drawing or use of a deadly weapon (Level 5 felony).
Battery can be elevated to a felony offense under IC 35-42-2-1 in various circumstances, too. In some instances, battery can even be charged as up to an extremely serious Level 2 felony when battery results in the death of a person under the age of 14. Disorderly conduct is less often charged as a felony offense, but it can be charged as a Level 6 felony in circumstances including when the conduct occurs in certain locations, such as in an airport or at a funeral. If you have any questions about the level of misdemeanor or felony charges you are facing and the possible consequences, it is important to seek legal advice as soon as possible.
Contact an Indianapolis Criminal Defense Attorney Today for Assistance
Are you currently facing felony intimidation, battery, or disorderly conduct charges? Whether you are being accused of intimidation as a misdemeanor or a felony offense, it is essential to begin working on your defense strategy with one of the experienced Indianapolis criminal defense lawyers at Rigney Law LLC. The offenses of intimidation and battery are taken extremely seriously in Indiana, and being convicted of a felony in particular can have severe consequences. You may be facing a term of imprisonment in addition to other significant penalties associated with a felony conviction. Do not hesitate to reach out to Rigney Law LLC to find out more about how we can assist you with a defense strategy that is specifically tailored to your case.
Sources:
law.justia.com/codes/indiana/title-35/article-45/chapter-2/section-35-45-2-1/
law.justia.com/codes/indiana/title-35/article-42/chapter-2/section-35-42-2-1/