Battery Attorney in Indianapolis

30 Years Defending Battery Charges in Marion County Courts

Battery charges in Indiana move fast. From the moment police take a report, Marion County prosecutors begin building their case. Attorney Gary L. Colasessano has defended Indianapolis residents against battery charges for over 30 years, bringing a former public defender’s understanding of how the other side thinks to every case we take. Whether you’re facing a misdemeanor allegation or a serious felony count, we prepare every matter as though it will go to trial.

One clarification worth knowing: Indiana doesn’t charge what most people call “assault” as a standalone offense. Threatening or menacing conduct without physical contact is typically charged under Indiana’s intimidation statute. Battery is the charge when physical contact occurs. If you searched for an assault attorney and you’re actually facing a battery charge, you’re in the right place.

Contact us today for a free consultation. We respond to calls, texts, and emails the same day, and you’ll work directly with Attorney Colasessano from the start. Reach us at (317) 203-8541.

Why Indianapolis Residents Trust Colasessano Law Office LLC for Battery Defense

Gary Colasessano’s years as a public defender gave him a direct view into how prosecutors think, what evidence they prioritize, and where their cases have weaknesses. That background shapes how we approach every battery defense today.

• Trial-ready from day one: We prepare every case for the courtroom. Prosecutors may be more willing to offer fair plea terms when they know we won’t hesitate to try the case.
• Direct attorney access: You work with Attorney Colasessano throughout your case. No paralegals, no junior staff handling your matter.
• Honest assessment: We give you a straight answer about what to expect, even when the news is difficult.
• Same-day response: Calls, texts, and emails are returned quickly, often within the same day.
• Fair fees: We believe quality criminal defense should be accessible, and our fees are structured to reflect that.

Attorney Colasessano is a member of the National Association of Criminal Defense Lawyers (NACDL) and the Indianapolis Bar Association. Many clients have returned to our firm across years and even decades, which reflects the trust and personal attention we bring to each case.

What Indiana’s Battery Law Actually Requires

Indiana Code 35-42-2-1 defines battery as knowingly or intentionally touching another person in a rude, insolent, or angry manner. The statute also covers placing bodily fluid or waste on another person in the same way. Because the law requires intentional or knowing conduct, the prosecution must prove the act was deliberate. An accidental collision doesn’t meet the standard.

Indiana courts have interpreted these elements broadly. Intent can be inferred from the voluntary nature of an act, and “touching” includes contact made through objects or substances set in motion by the defendant. No visible injury is required for a Class A misdemeanor charge. Physical contact that causes only pain can be enough. Battery charges arise from domestic disputes, bar conflicts, workplace incidents, and other situations where the facts are often contested.

Battery Charge Levels & Penalties in Indiana

The severity of a battery charge depends on the alleged victim’s identity, the degree of injury, the defendant’s prior record, and whether a weapon was involved. The range is significant.

Misdemeanor & Felony Battery

• Class B misdemeanor: Base charge; no injury alleged. Up to 180 days in jail and a $1,000 fine.
• Class A misdemeanor: Battery causing bodily injury, including pain. Up to 1 year in jail and a $5,000 fine.
• Level 6 felony: Moderate bodily injury, victim is a public safety official on duty, victim is under 14 and defendant is 18 or older, victim has a disability in the defendant’s care, or infected bodily fluid is involved. Six months to 2.5 years in prison.
• Level 5 felony: Serious bodily injury, deadly weapon involved, or prior conviction against the same victim. One to 6 years in prison.
• Level 4 felony: Serious bodily injury to an endangered adult. Two to 12 years in prison.
• Level 3 felony: Serious bodily injury to a victim under 14 by a defendant 18 or older. Three to 16 years in prison.
• Level 2 felony: Death of a child under 14 or an endangered adult. Ten to 30 years in prison.
• Level 1 felony (aggravated battery): Death of a child under 14 by a defendant 18 or older. Twenty to 40 years in prison.

Domestic Battery

Domestic battery is charged under a separate statute, IC 35-42-2-1.3, and covers battery against a family or household member. At its base level, it is a Class A misdemeanor, but a prior domestic battery conviction or the presence of a child during the incident can elevate it to a Level 6 felony or higher.

Consequences That Reach Beyond the Sentence

A battery conviction carries consequences that extend well past the courtroom. A permanent criminal record can affect employment in any field requiring a background check. Housing applications, professional licenses in healthcare, education, or law enforcement, and parenting time in family court proceedings can all be impacted. Foreign nationals may face removal or deportation. A domestic battery conviction triggers a lifetime federal firearm ban under the Lautenberg Amendment and additional restrictions under Indiana law. Restitution for the alleged victim’s medical costs may also be ordered at sentencing.

The sooner we can evaluate the facts, the more options may remain available. Early involvement gives us more room to work.

Battery Defense Strategies We Evaluate

No two battery cases are alike. We review every available defense before recommending a path forward, and we tailor our approach to your specific facts and goals.

• Self-defense: Indiana law permits reasonable force when a person reasonably believes it is necessary to prevent imminent unlawful touching or harm. Once raised, the state must disprove self-defense beyond a reasonable doubt.
• Defense of others: The same standard applies when reasonable force is used to protect a third party from imminent harm.
• Lack of intent: Battery requires knowing or intentional conduct. Evidence that the contact was accidental directly challenges a required element of the charge.
• Witness credibility: Inconsistencies, bias, or motive to fabricate in the alleged victim’s account or eyewitness testimony can undermine the prosecution’s case.
• Insufficient evidence: Gaps in medical records, photographs, surveillance footage, or forensic evidence may leave the state unable to meet its burden.
• Consent: In limited contexts such as contact sports, mutual agreement to physical contact can be a valid defense.
• Mistaken identity: Challenging the identification of the defendant as the person who committed the alleged act.

In domestic battery cases, the prosecutor decides whether to proceed, not the alleged victim. A victim who no longer wants to cooperate doesn’t automatically result in dismissed charges. We account for that reality when building a defense strategy.

Attorney Colasessano’s trial experience means we can take a battery case to verdict when that serves the client’s best interest. That willingness shapes every negotiation we enter.

Get a Free Consultation with a Battery Defense Attorney in Indianapolis

If you or someone you know is facing a battery charge in Indianapolis or elsewhere in Marion County, don’t wait to get counsel involved. The state isn’t waiting. Contact Colasessano Law Office LLC for a free consultation and a direct conversation with Attorney Gary L. Colasessano about your situation and your options.

We’re reachable by phone, text, and email, and we respond the same day. Call or text us now at (317) 203-8541.