Assault Attorney in Indianapolis

30+ Years in Indiana Criminal Courts. Former Public Defender. Ready for Trial.

When an assault charge lands, the consequences move fast. Employment, housing, professional licenses, and your freedom are all at risk before a single court date is set. Attorney Gary L. Colasessano brings over 30 years of Indiana criminal court experience to these cases, along with something most Indianapolis defense attorneys can’t offer: a career that began as a public defender, giving him direct insight into how Marion County prosecutors build the cases he now defends against.

Indiana doesn’t have a single criminal statute called “assault.” What most people call assault is charged under battery (IC 35-42-2-1), intimidation (IC 35-45-2-1), or criminal recklessness (IC 35-42-2-2), depending on what allegedly happened. If your charging documents list one of those offenses, you’re in the right place. Colasessano Law Office LLC handles both misdemeanor and felony charges in Marion Superior Court and throughout Indianapolis.

Facing a charge or investigation? Call, text, or email us today at (317) 203-8541 for a free consultation. The sooner you have a defense attorney involved, the more options may be available.

Indiana Battery, Intimidation, & Assault Charge Levels

The severity of a battery or intimidation charge depends on what occurred, who was involved, and your prior record. Understanding where your charge falls on that spectrum is the first step toward building a defense.

Battery Charges Under IC 35-42-2-1

Simple battery with no physical contact is a Class B misdemeanor, carrying up to 180 days in jail and up to $1,000 in fines. Once bodily injury enters the picture, the charge rises to a Class A misdemeanor (up to one year in jail). From there, escalation is tied to injury severity and victim status:

• Level 6 felony: Battery causing moderate bodily injury (6 months to 2.5 years in prison)
• Level 5 felony: Battery causing serious bodily injury (1 to 6 years in prison)
• Level 3 felony: Aggravated battery under IC 35-42-2-1.5 involving substantial risk of death or serious permanent disfigurement (3 to 16 years in prison)

Charges escalate further when the alleged victim is a public safety official, a child under 14, an endangered adult, or a person with a disability. Indiana’s habitual offender statute (IC 35-50-2-8) can add prison time on top of the underlying sentence for defendants with qualifying prior felony convictions.

Domestic Battery, Intimidation, & Criminal Recklessness

Domestic battery is charged separately under IC 35-42-2-1.3, starting as a Class A misdemeanor and rising through felony levels based on injury, victim status, and prior offenses. Intimidation under IC 35-45-2-1 begins as a Class A misdemeanor but becomes a Level 6 felony when directed at a law enforcement officer or when the threat involves a forcible felony, and rises to a Level 5 felony when a deadly weapon is drawn or used. Criminal recklessness under IC 35-42-2-2, which covers conduct creating a substantial risk of bodily injury, can be charged as either a misdemeanor or a felony depending on the circumstances.

Beyond incarceration, a felony conviction creates barriers to employment, housing, professional licensing, firearm rights, and immigration status. Those collateral consequences outlast any jail sentence.

The Former Public Defender Advantage in Assault Defense

Gary Colasessano’s career started on the other side of the courtroom. As a former public defender, he worked within the same court system and alongside the same prosecutorial offices his clients now face in Marion Superior Court. That background isn’t a biographical footnote. It directly shapes how we build every assault defense.

Battery and assault prosecutions rely heavily on witness accounts, injury documentation, and physical evidence. Knowing how that case gets assembled, what prosecutors prioritize, and where their evidence tends to be thin lets us identify challenges that a less familiar defense might miss. Recognized Indiana defenses in these cases include self-defense, defense of others, lack of intent, mistaken identity, and insufficient evidence. Which applies depends on the specific facts, and finding that answer takes the kind of preparation we bring to every file.

We prepare every case as though it will go to trial. That isn’t a marketing claim. It’s why our plea negotiations can carry real leverage. Prosecutors are less inclined to offer reasonable terms when they believe a defense won’t actually go to court. Thirty years of courtroom advocacy in Indiana criminal courts means they know we’re prepared to do so.

From First Contact to Resolution: How We Handle Your Case

From the moment you contact us, you work directly with Attorney Colasessano. Not a less-experienced associate. Not a different attorney at key hearings. The same attorney who reviewed your case on day one stands next to you in Marion Superior Court.

Early action matters. After charges are filed or an investigation begins, bail hearings, entry of a not guilty plea, and the discovery phase all move quickly. Pretrial motions can challenge evidence obtained through unlawful search, improper interrogation, or other constitutional violations. Acting early helps preserve options that can disappear over time.

We communicate clearly throughout. Calls, emails, and messages are returned quickly, often the same day. You’ll know what’s happening at every stage, what choices you face, and what we recommend. Our approach adapts to each case: we pursue fair resolution when the facts support it and prepare for full trial defense when they don’t. Many clients have trusted us for years and decades, and that kind of ongoing relationship reflects something more than a transaction.

Get a Free Consultation from an Indianapolis Assault Defense Attorney

If you or someone you care about is facing an assault or battery charge in Indianapolis or Marion County, contact Colasessano Law Office LLC now. Early involvement by an assault defense lawyer gives us more room to work, whether that means challenging evidence, negotiating with prosecutors, or preparing for trial.

We offer free consultations with no obligation. Our fees are competitive and straightforward, because quality defense should be accessible, not opportunistic.

Call or text our assault attorney in Indianapolis today at (317) 203-8541, or send us an email. We respond quickly and give you honest answers from the very first conversation.