Assault

Assault is one of the most commonly charged crimes in the United States. The degree of an assault varies based upon whether or not a weapon was used, and the severity of the injuries. It is a highly penalized crime in Indiana and those convicted could face serious life-long consequences. If you have been charged with assault in Indiana, you need an experienced Elkhart assault attorney to protect you.

At Wilson & Kinsman LLC, our hard-working legal team is dedicated to providing our clients with the best possible defense against criminal charges. You don’t have to face this situation alone. We will fight for your rights and guide you through the Indiana criminal justice system.

Assault is when someone commits an intentional act that causes the victim to fear an attack or believe that physical harm is imminent. It is an attempt to injure or harm another person using violence. It may include actions like pushing, punching, shoving, or kicking, and can even involve the use of weapons. If you’re facing assault charges, it is imperative to consult a reliable criminal defense attorney in Elkhart IN as soon as possible to protect your rights and plan for your defense.

Any harmful or offensive touching is generally enough to be considered an assault. Even the slightest touching or indirect touching can count as an assault if it is done rudely or offensively. Furthermore, assault charges can occur even if the “touching” did not result in any sort of physical injury.

An assault is considered a serious crime in Indiana. However, the state does not have a statute prohibiting assault. Instead, threats of violence are generally covered by other laws such as intimidation, harassment, and criminal recklessness.

Intimidation

Anyone who intentionally threatens another person may be charged with intimidation. Individuals who purposely force another person to act against their will may also be charged with this offense. Depending on the circumstances, this offense may be a Class A misdemeanor or a Level 5 or 6 felony.

Harassment

In Indiana, harassment is considered a Class B misdemeanor. It is an act that intends to annoy or alarm another person without any intent of legitimate communication. This may include phone calls, written communication, or any electronic communication.  

Criminal Recklessness

An individual who knowingly or intentionally performs an act that creates a serious risk of bodily injury may be charged with criminal recklessness. It is an act that places the victim in harm’s way, even if no injury occurs. This offense is usually considered a misdemeanor but can be upgraded to a felony if a weapon is involved.

There are different types of assault. Based on the way the injury was caused and the seriousness of the injury, an assault charge can be classified as a simple assault or an aggravated assault. A knowledgeable assault lawyer in Elkhart can help you understand the types of assault and the penalties imposed on each type.

Simple Assault

Simple assault involves either the threat of immediate harm or a physical act that results in minimal injuries. It can occur whether or not a weapon is used and whether or not the victim suffers any minor harm. Regarding penalties, simple assault is classified as a class 1 misdemeanor and is a criminal charge that will remain on a convicted person’s criminal record permanently. Examples of simple assault include raising a fist at someone, threatening to smack them, and slapping a person which results in bruising.

Aggravated Assault

Unlike other forms of assault, aggravated assault generally carries considerably higher sentences. Aggravated assault is a very serious felony charge and a conviction can seriously impact your life. In this type of assault, the offender should have the intent to cause a serious bodily injury or use a deadly weapon (such as a gun or a knife) to cause a temporary or permanent injury to the victim.

In addition, some assaults become aggravated or enhanced because of the special characteristics of the victim. For instance, assaulting a public official like a fireman, police officer, special prosecutor, or judge is considered a felony even if the victim has sustained only minor injuries.

The penalties for assault may vary from state to state. Many factors must be considered when it comes to your assault charge. An assault can be charged as a misdemeanor or felony, depending on the type and degree of the crime committed.

In Indiana, individuals charged with a felony for assault can be penalized with a lengthy prison sentence, community service, thousands of dollars in fines, and a permanent criminal record. The penalties depend on the seriousness of the crime and the criminal history of the offender. With so much at stake, you should consider seeking legal help from a credible Elkhart assault lawyer to help you defend yourself and fight for your rights.

Getting arrested for an assault charge can be a traumatic and stressful experience. It may have a significant effect on every aspect of your life, including your job, your finances, and even your relationship with your family. Depending on the circumstances, the effects of being charged with assault can be felt for many years.

Many individuals who are facing these charges wrongly assume that their only option is to plead guilty. However, this is not simply the case at all times. If you were a victim of mistaken identity at a chaotic scene or if you were provoked to the point where you needed to defend yourself, then do not lose hope.

If you have been charged with assault, don’t allow your fears and concerns to overwhelm you. Our seasoned Elkhart assault lawyers at Wilson & Kinsman LLC will fight for your rights. Our criminal defense law firm will utilize our extensive litigation skills and knowledge about criminal law. We will stand up in your defense to help you obtain the most favorable case outcome.  Call our Goshen attorneys now for an initial consultation.