South Bend Aggravated Assault Lawyers

Aggravated assault charges in Indiana are serious and can lead to lengthy prison sentences, high fines, and a permanent criminal record. The severity of the charge depends on factors like the use of a weapon, the extent of the victim’s injuries, or whether the victim is a protected person. Because of these severe consequences, it’s critical to have a strong legal defense. Our South Bend aggravated assault lawyers at Wilson & Kinsman, LLC are experienced in navigating the Indiana legal system and can help you understand your options and build a solid defense.

What Is Considered Aggravated Assault in Indiana?

In Indiana, aggravated assault is typically prosecuted as aggravated battery, which is defined as causing serious bodily injury to another person. This is often a felony charge, with the level of felony depending on the circumstances. For example, battery resulting in serious bodily injury is generally a Level 5 felony. However, the charge can be elevated to a Level 3 felony if it results in catastrophic injury or is committed with a deadly weapon. The term “aggravated assault” is more commonly used colloquially or in other states, but the relevant Indiana statute is for aggravated battery.

How Severe Are the Penalties for Aggravated Assault?

Penalties for aggravated battery in Indiana can be severe. A Level 5 felony can result in a prison sentence of one to six years and fines up to $10,000. For a Level 3 felony, the prison sentence can range from three to 16 years, with fines up to $10,000. In addition to incarceration and fines, a conviction can lead to a permanent criminal record, loss of certain rights (like the right to own a firearm), and difficulty securing housing or employment.

What Defenses Might Apply in My Case?

Possible defenses include self-defense, defense of another person, mistaken identity, or lack of intent. The most appropriate defense depends entirely on the specific facts of your case and the evidence available. Our lawyers will carefully review all evidence to challenge the prosecution’s case and determine which legal defense is most viable.

How Does Self-Defense Work in These Cases?

Indiana law permits an individual to use reasonable force to prevent what they reasonably believe to be imminent unlawful harm to themselves or another person. In cases of aggravated battery, a self-defense argument can be made if you acted to protect yourself from a perceived threat. If deadly force was used, the law requires that you must have reasonably believed it was necessary to prevent serious bodily injury or the commission of a felony.

Can the Charges Be Reduced?

Yes, charges can sometimes be reduced through a plea bargain. This usually happens if the prosecution’s evidence is weak or if there are mitigating circumstances. A reduction might involve pleading guilty to a lesser offense, such as a lower-level felony or a misdemeanor. This can significantly impact the potential sentence and the long-term consequences of a conviction. A prosecutor’s decision to offer a plea deal is based on the strength of their case, the defendant’s criminal history, and other factors.

Why Is Evidence So Important?

Evidence is the backbone of any criminal case. For aggravated battery, evidence can include medical records showing the extent of the victim’s injuries, photographs or video footage of the incident, police reports, and witness statements. Our defense strategy involves meticulously reviewing the prosecution’s evidence for flaws and presenting our own evidence to support your defense, such as a lack of intent or an act of self-defense.

How Long Can These Cases Take?

The duration of a case can vary. Some cases are resolved in a few months if a plea agreement is reached early, while others can take a year or longer if they proceed to trial. Factors that influence the timeline include the complexity of the case, the court’s schedule, and the time needed to gather and analyze all evidence. We strive to handle your case as efficiently as possible without compromising the quality of your defense.

What Happens When a Firearm Is Involved?

Under Indiana law, the use of a firearm or other deadly weapon in the commission of a battery can elevate the charge and lead to more serious penalties. The prosecution must prove that the firearm was used in the offense, which can be challenged in court. The alleged use of a weapon can also affect bail and a prosecutor’s willingness to negotiate a plea agreement.

Can Prior Convictions Affect the Outcome?

Yes, a prior criminal conviction, especially for a violent offense, can significantly impact your case. It can lead to an enhanced sentence if you are convicted and may affect a prosecutor’s willingness to negotiate. A prior record may also be used to challenge your credibility if you choose to testify. However, a skilled defense lawyer can present mitigating factors to the court to help you achieve a more favorable outcome.

Is Dismissal Ever Possible?

Dismissal of charges is possible, but it is rare. It can happen if the prosecution cannot meet its burden of proof or if there were significant procedural errors or constitutional rights violations, such as illegally obtained evidence. Your attorney will file motions to suppress evidence or to dismiss the case if there are legal grounds to do so.

What Steps Should Be Taken After an Arrest?

If you are arrested for aggravated battery, the most important step is to exercise your right to remain silent and request an attorney immediately. Do not discuss the case with law enforcement without your lawyer present. Speaking only through your attorney protects your legal rights and ensures that nothing you say can be misinterpreted or used against you.

How Do Prosecutors Decide on Plea Offers?

Prosecutors evaluate several factors when considering a plea offer. They weigh the strength of their evidence, the severity of the alleged crime, the defendant’s criminal history, and the potential impact of a conviction on the victim. They also consider the resources required for a trial and the likelihood of a conviction. Any plea agreement must be approved by the judge.

Can an Aggravated Assault Conviction Impact Employment?

A felony conviction for aggravated battery can severely limit job opportunities, especially in fields that require public trust, working with vulnerable populations, or carrying firearms. Many employers conduct background checks, and a felony conviction is likely to disqualify you from many positions. The pending charges themselves can also influence hiring decisions.

Why Work With Wilson & Kinsman, LLC?

Our South Bend aggravated assault lawyers at Wilson & Kinsman, LLC have extensive experience defending clients against these serious charges. We understand the specific nuances of Indiana law and the procedural demands of these cases. We provide a meticulous analysis of the evidence and work tirelessly to achieve the most favorable outcome possible. Our familiarity with the local courts and prosecutors allows us to anticipate their strategies and build a robust defense.

Our South Bend Aggravated Assault Lawyers at Wilson & Kinsman, LLC Offer Free Consultations

If you are facing criminal charges and need legal advice, contact our South Bend aggravated assault lawyers at Wilson & Kinsman, LLC. Call 574-522-1900, book online now, or submit a form for your free consultation. Located in Elkhart and South Bend, Indiana, we serve clients in Marshall, LaGrange, Kosciusko, LaPorte, Porter, Lake, Noble, Whitley, Elkhart, and St. Joseph.