Defending Yourself from Assault Charges with Video evidence
If you’re arrested for hitting someone, you’re undoubtedly worried about what will happen and how you will defend yourself. In today’s world, it’s even possible that there’s video evidence of the incident. Between public and business surveillance cameras and everyone’s inclination to whip out a cell phone at the first hint of a conflict, it’s entirely possible you could face defending yourself from criminal charges and video evidence. However, it’s important to remember that you are still innocent until proven guilty, and an experienced Indiana criminal lawyer can help you develop the best defense.
Battery Charges in Indiana
In Indiana, if you hit someone or knowingly or intentionally touch someone in a “rude, angry, or insolent manner,” you could face battery charges. Battery is a Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $1,000. However, if you cause bodily injury or hit a police officer, firefighter, or corrections officer, it may be a Class A misdemeanor. A Class A misdemeanor is punishable by up to one year in jail and a $5,000 fine in Indiana. Charges can be even more serious if:
- You cause serious bodily injury,
- The victim is under 14,
- The victim is physically or mentally disabled and under your care,
- You injure a pregnant woman,
- The victim is a member of law enforcement, a school employee, or a health care provider, or
- You use a deadly weapon.
Defense to Battery
There are defenses to battery charges under Indiana law, even if it’s caught on video. The most common defenses include:
- Defending yourself from an attack,
- Protecting others from an attack, or
- Protecting yourself or others from an attack you believe is imminent.
Challenging Video Evidence
Even if there’s a cell phone video of you hitting someone, that isn’t the end of the case. If you were defending yourself, the video could support your case. But even if the video is damning, an experienced criminal defense attorney may be able to challenge its admissibility in court. You’ll need advice from a skilled Indiana criminal defense attorney.
You Need an Experienced Criminal Defense Lawyer
If you’re facing a battery charge that someone caught on video, it’s a serious matter. You’ll need a defense attorney who will vigorously protect your rights and aggressively defend you in court. The skilled criminal lawyers at Razumich & Associates can help. Give us a call today at 317-449-8661. Or you can email us at [email protected] or contact us online.