“Battery” is defined in Indiana as any “knowingly or intentionally touch[ing] another person in a rude, insolent, or angry manner . . . .” Battery offenses start out as misdemeanors, but can quickly become felonies depending on the severity of the injury, whether a weapon was involved, or because of the identity of the alleged victim, such as if the victim is a police officer, child, or spouse or boyfriend/girlfriend. Many people can find themselves under arrest for battery when the police are called to break up an argument even if there was only shoving, and no punching involved in the argument.
It is equally important to be aware that once somebody has been arrested and charges have been filed, you cannot simply call the prosecutor and tell them that you are not interested in pressing charges. Those charges belong to the prosecutor, and whether you are interested in helping with the prosecution has no bearing on whether the charges are brought to trial. Choosing to not show up for any scheduled trial will also not help, as the Court can order a warrant for the arrest of anybody, even if is an alleged victim, who disobeys an order to appear before the Court. People who build their defense around the idea that the victim will not appear in Court are creating a dangerous situation, where they may find themselves behind bars for one or more years because they decided that they could convince the prosecutor to drop the charges.
If you or somebody you know has been arrested and charged with a battery offense, steps need to be taken immediately to begin arranging for your defense. If there are any witnesses, they need to be interviewed as soon as possible. If the alleged victim is a family member or boyfriend/girlfriend, it may be possible to secure a statement clarifying their earlier statements to the police, so that the impact of the police testimony will be lessened.
Criminal charges should never be taken lightly, and you should not make the mistake of thinking that the potential penalties of this offense will not be severe just because the other party is not interested in helping the prosecution. You deserve an attorney who will fight to safeguard your rights and ensure that everything that can be done for your defense will be done for your defense. We will be that attorney for you, and will do everything possible to ensure that you are treated fairly by the criminal justice system.