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assault in indiana


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#1 brenen

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Posted 27 November 2012 - 01:23 AM

I was told by a police officer that there is no assault law in Indiana. Is this true?

#2 doucar

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Posted 27 November 2012 - 04:29 AM

a quick google search shows lawyers in Indiana will to represent you in Felonious assault charges, assault and battery charges and Sexual assault charges, so there appears to be various assault laws in Indiana. What were the circumstances surrounding your inquiry to the police officer.

#3 adjusterjack

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Posted 27 November 2012 - 07:40 AM

I was told by a police officer that there is no assault law in Indiana. Is this true?


Yes, it's true.

The Indiana criminal code does not appear to list the crime of assault which involves an intentional, unlawful threat or "offer" to cause bodily injury to another by force under circumstances which create in the other person a well-founded fear of imminent peril and here there exists the apparent present ability to carry out the act if not prevented.

There are likely crimes listed that contain the elements of assault but are not called assault in the statutes (like pointing a gun at somebody and threatening to kill him).

However, the crime of battery is listed in the criminal code:

http://law.justia.co...5/ar42/ch2.html

Even sex crimes don't use the word "assault" in the statute:

http://law.justia.co...5/ar42/ch4.html

If an Indiana attorney is using the word "assault" on a website, I'd be looking for an attorney who has actually read and understood the statutes.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#4 pg1067

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Posted 27 November 2012 - 07:41 AM

I was told by a police officer that there is no assault law in Indiana. Is this true?


Yes, but. . . .

A lot of laypersons believe that "assault" and "battery" are synonymous. Under English common law (which is the system on which the U.S. legal system is based), they are different things. Under common law, "battery" is the intentional touching of another in a manner which is harmful or offensive, and "assault" is an intentional act that causes another reasonably to apprehend an iminent harmful or offensive touching (i.e., basically an attempted battery). Some states blur the distinction, and I believe that at least one state uses "assault" to refer to both assault and battery.

With that in mind, it appears that there is no crime in the Indiana Code called "assault." However, battery is a crime, and there are many forms of it. See http://www.in.gov/le...5/ar42/ch2.html.

#5 Guest_FindLaw_Amir_*

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Posted 27 November 2012 - 07:47 AM

You may want to read the Indiana Criminal Code as a good resource.

#6 adjusterjack

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Posted 27 November 2012 - 11:14 AM

You may want to read the Indiana Criminal Code as a good resource.


What on earth could possibly be the reason to suggest that after two responders have already referred to the Indiana Criminal Code and provided links to its provisions?

:-)

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.



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