Aggravated Battery Defense in Marion County

Trial-Prepared Defense with Direct Attorney Access

Indiana prosecutes conduct commonly described as aggravated assault under its aggravated battery statute. At Colasessano Law Office LLC, clients facing this serious felony allegation work directly with Attorney Gary L. Colasessano. He brings more than 30 years of experience in Indiana criminal courts, including prior service as a public defender, to the immediate decisions and longer court process these cases involve.

We represent clients facing serious state and federal criminal charges, from initial investigations through trial. We prepare each case as though it’ll go to trial. That preparation shapes how we assess the evidence, approach plea negotiations, and respond to the prosecution’s allegations.

Call (317) 203-8541 for a free, no-obligation consultation with an aggravated assault defense attorney serving Marion County.

How Indiana Defines Aggravated Battery

Indiana doesn’t have a standalone criminal statute titled assault. Conduct that many people call aggravated assault is generally addressed as aggravated battery under Indiana Code § 35-42-2-1.5. The statute applies when someone knowingly or intentionally inflicts an injury that:

• Creates a substantial risk of death
• Causes serious permanent disfigurement
• Causes protracted loss or impairment of a bodily member or organ
• Results in the loss of a fetus

The prosecution must establish both the alleged conduct and the injury required by the statute. It must also prove that the act was committed knowingly or intentionally. Medical evidence of a severe injury alone doesn’t resolve disputes about intent, identity, justification, or how the incident occurred.

Felony Levels & Potential Sentences

Aggravated battery is generally a Level 3 felony in Indiana. A Level 3 felony carries a sentencing range of three to 16 years in prison and a possible fine of up to $10,000. The potential sentence in a particular case depends on the charge filed, the facts alleged, and the court’s application of Indiana sentencing law.

The charge becomes a Level 1 felony when the alleged conduct results in the death of a child younger than 14 and the accused is at least 18. A Level 1 felony carries 20 to 40 years in prison, with a 30-year advisory sentence. An advisory sentence is the statutory reference point used during sentencing, not an automatic result.

Defense Issues in an Aggravated Battery Case

No defense applies automatically. We examine the charging allegations, available evidence, and circumstances surrounding the incident before advising a client about the options that may be legally and factually available.

Issues that may require investigation include:

• Self-Defense: Whether the accused reasonably believed force was necessary under the circumstances.
• Defense of Others: Whether the accused acted in response to a perceived threat against another person.
• Intent: Whether the evidence proves the knowing or intentional conduct required for aggravated battery.
• Identification: Whether witnesses or other evidence reliably identify the accused as the person responsible.
• Evidence Sufficiency: Whether the prosecution can prove every required element beyond a reasonable doubt.
• Witness Credibility: Whether accounts are consistent with other testimony and physical evidence.
• Consent: Whether consent has legal relevance in the limited contexts where Indiana law recognizes it.

Evidence may include witness accounts, medical records, emergency calls, surveillance footage, and other case-specific materials. Our trial-focused review informs both courtroom strategy and plea negotiations.

Our guidance is direct, even when the available options are difficult. We explain possible outcomes and the consequences of major case decisions without promising a dismissal, charge reduction, or particular sentence.

What to Expect in Marion County Criminal Court

Felony cases in Marion County are processed through the Marion Superior Court Criminal Division. The Major Felony division handles felonies classified from Level 1 through Level 5, including the aggravated battery charges described above. The exact path depends on the charging decision and developments in the individual case.

Proceedings may involve hearings, evidence review, negotiations, and trial preparation. We represent clients from the investigative stage through trial and explain what’s happening as the case progresses. Clients can raise questions directly with Attorney Colasessano rather than relying on updates passed through multiple layers of staff.

Calls, emails, and messages are returned quickly, often within the same day. We keep clients informed about upcoming decisions and provide straightforward answers about what comes next.

Discuss the Charge Before Making Case Decisions

A free, no-obligation consultation provides an opportunity to discuss the charge, immediate concerns, and questions about the criminal process. Our fees are competitive and straightforward, and we can explain them during the consultation.

You can reach us in the way that’s most convenient:

• Call or send a text
• Send an email
• Use the contact form

Before making statements or decisions that may affect a violent felony case, we can review the known allegations, discuss the next stage of the process, and identify information that requires closer examination.

Call (317) 203-8541 to speak with our aggravated assault defense lawyer serving Marion County and arrange your free consultation.