He Started It!: How Police and Prosecutors Respond to a Two-Way Assault

While the image of the abusive spouse or dating partner appears frequently in popular culture, the truth is that many instances of domestic and non-domestic violence involve participation from both parties. When it is clear that two or more people have threatened or attempted to engage in physical violence, who gets charged?

Law Enforcement Officers Will Work to Determine Who Committed Assault First

Indiana’s Castle Doctrine affords you the right to self-protection. The statute plainly states that “it is the policy of this state (Indiana) that people have a right to defend themselves and third parties from physical harm and crime.” 

The right to self-defense extends to crimes that qualify as assault under Indiana criminal statutes, including:

• Making a credible physical threat to another person 
• Engaging in physically intimidating postures and actions
• Attempting to strike another person physically

Therefore, the individual who first engages in assaultive behavior generally faces arrest and prosecution. The other party, the police may conclude, was merely exercising their right to self-defense.

How an Attorney May Defend You Against Allegations That You Started a Physical Altercation

Police officers’ judgment is imperfect, and they often arrest the wrong party for assault. A cop may be biased, prone to misconceptions (such as that a more petite woman is less likely to commit assault than a large man), or easily deceived. Officers are humans with human-like imperfections, and you may face an assault charge as a consequence of their errors in judgment.

If you are charged with assault in Indiana, our criminal defense team will defend you by:

• Documenting your injuries
• Obtaining witness statements
• Securing expert opinions regarding the dispute
• Referring to statements you and the other party made to law enforcement officials, which may suggest the other party started the altercation
• Taking any other steps that aid in your defense

Assault charges in Indiana can rise to the felony level, especially considering that they often occur in combination with battery charges. You may face several years in prison, a jail sentence, significant fines, probation, and other severe legal penalties if convicted.

Contact Razumich & Associates Today to Discuss Your Defense Against an Assault Charge in Indiana

Razumich & Associates have helped many clients overcome assault charges through dismissal, plea bargains, and not-guilty verdicts. We will work to achieve a similarly positive outcome in your case. 

Call Razumich & Associates today at (317) 449-8661 or contact us online about retaining a passionate, knowledgeable legal counselor in Indiana.