How a Domestic Battery Charge Differs From Assault in Indiana

When you’re facing a domestic battery charge in Indiana, the situation can feel confusing and overwhelming—especially when people start using terms like “assault” and “battery” interchangeably. Understanding the difference between the two is critical for protecting your rights and building a strong defense. At Collins & Associates, our experienced domestic violence attorneys and criminal lawyers have guided countless clients through similar situations, helping them navigate Indiana’s unique legal definitions and penalties.

When we talk to clients who are facing a domestic battery charge, the first thing we do is explain what the law actually says. In Indiana, domestic battery occurs when someone knowingly or intentionally touches a family or household member in a rude, insolent, or angry manner, causing pain or injury.

That definition might sound straightforward, but it’s broader than many realize. You don’t need to cause visible injuries to face a domestic battery charge—a shove, slap, or even grabbing someone’s wrist can be enough if prosecutors believe the act was done in anger.

What makes this charge unique isn’t necessarily the act itself, but who it involves. The victim must have a domestic connection to the accused, such as:

• A spouse or ex-spouse
• A person you live with or used to live with
• Someone you share a child with
• A person related to you by blood or marriage

We’ve seen clients who were genuinely shocked that what seemed like a heated argument could escalate into a domestic battery charge simply because it involved a family or household member.

One of the most common misconceptions we encounter is the idea that Indiana has a law called “assault.” Technically, it doesn’t. What most people call assault is actually covered under battery or intimidation statutes.

Battery in Indiana is the act of intentionally or knowingly touching another person in a rude or angry way. The difference is that it doesn’t depend on any kind of domestic relationship. For instance:

• Getting into a fight outside a bar could lead to a battery charge.
• Pushing a coworker in anger might also qualify.

If no physical contact occurs—say someone only makes threats—that could fall under intimidation, not battery. So while people often use “assault” in conversation, it’s not a specific legal term under Indiana law.

In everyday language, domestic battery and assault sound nearly identical. But under Indiana law, the distinction is critical. The difference lies primarily in the nature of the relationship and the intent behind the act.

In short, every domestic battery is a battery—but not every battery is domestic.

When the incident involves someone you’re close to—a partner, relative, or someone living with you—the charge escalates into domestic battery. The state views this as a more serious issue because it happens within a household or intimate relationship, where safety and trust should exist.

From our experience as criminal lawyers, we can tell you that prosecutors often treat domestic cases differently from other forms of violence. Judges and juries tend to see them through an emotional lens, not just a legal one. That’s why understanding the subtleties of these charges can make such a big difference in your defense.

The relationship between you and the alleged victim is one of the biggest determining factors in your case. Let’s say you got into a heated argument with your brother during a family gathering, and things got physical. That could qualify as domestic battery because you’re related by blood. But if the same incident happened between two strangers in a parking lot, it would likely be charged as simple battery instead.

We’ve seen cases where clients didn’t realize that something as small as living under the same roof could qualify as a “domestic” relationship. Roommates, for example, can fall under this category. So can romantic partners who don’t share a home but are in an ongoing relationship.

That’s why one of the first questions we ask as domestic violence attorneys is: What’s your relationship with the person involved? It’s not just background information—it’s the key to understanding what kind of case you’re facing.

Penalties for a domestic battery charge can vary based on your record and the seriousness of the incident, but they are always something to take seriously.

For most first-time offenders, it’s considered a Class A misdemeanor, punishable by up to one year in jail and fines up to $5,000. However, the charge can quickly escalate to a felony if certain conditions apply, such as:

• Prior domestic battery or violent crime convictions
• Serious bodily injury to the victim
• The victim being pregnant
• The presence of a child during the incident

In those situations, you could be looking at years in prison instead of months in jail.

Even beyond the immediate legal penalties, a domestic battery charge can affect nearly every part of your life. You might lose the right to own or carry a firearm. It can appear on background checks, affecting job opportunities. And if you’re involved in child custody or divorce proceedings, it can complicate things further. We often remind clients that even a misdemeanor can leave a permanent mark. That’s why early action—and strong legal representation—matters so much.

When building a case, prosecutors have to prove intent—meaning they must show that the act was deliberate and done in anger, not an accident. That can sometimes work in your favor. We’ve handled situations where what started as a misunderstanding or a reflexive action was charged as domestic battery.

For example, imagine an argument where someone tries to push past you in a narrow hallway and you reach out instinctively. If that contact causes pain, prosecutors might still file charges, even though there was no intent to harm.

Evidence can make or break these cases. Photos of injuries, witness statements, police reports, and even text messages or social media posts can all become part of the investigation.

As your criminal lawyer, our job is to look at that evidence critically—to see what’s missing, what doesn’t line up, and whether the incident was blown out of proportion. We often work with investigators and experts to piece together a fuller picture of what really happened.

Every case is different, and there’s no one-size-fits-all defense for a domestic battery charge. However, there are a few common strategies we might explore, depending on the facts:

• Lack of intent: If you didn’t mean to cause harm or touch someone in anger, that can weaken the prosecution’s argument.
• Self-defense: If you were trying to protect yourself or someone else, that’s a valid and often successful defense.
• False accusations: Unfortunately, emotions run high in domestic disputes, and sometimes allegations are exaggerated or fabricated.
• Insufficient evidence: If the case relies on conflicting witness statements or unclear proof, we can challenge its credibility.

We take the time to get to know your story and your circumstances. We believe your defense shouldn’t just be about reacting to charges—it should be about telling your side of what really happened.

For more insights, you can explore our Battery Defense page to understand how we handle similar cases.

Navigating a domestic battery charge is not something you should do alone. The legal process can be overwhelming, and mistakes in the early stages can cost you later on.

We’ve seen clients who tried to explain themselves directly to law enforcement or the court, thinking it would help, only to find their words twisted or taken out of context. That’s why it’s so important to have a domestic violence attorney who can speak on your behalf, protect your rights, and keep the process fair.

A good defense isn’t just about knowing the law—it’s about understanding how people think, how prosecutors build their arguments, and how judges interpret intent. As your criminal lawyer, we approach every case with that mindset.

Our goal is always to reduce or dismiss charges whenever possible, minimize the long-term impact, and give you a fair chance to move forward.

If you or someone you care about is facing a domestic battery charge in Indiana, don’t wait to get legal help. The sooner we can review your case, the more options we have to protect you.

At Collins & Associates, we understand how stressful and confusing this time can be. We’ve helped countless clients in situations just like yours—people who never thought they’d face a criminal accusation. You’re not alone in this, and there are ways to fight back.

Contact us today to discuss your case confidentially. You can reach us at (812) 475-1234 or email rich@collins-law.com. You can also visit to learn more about how we handle domestic violence defense across Indiana.

When your future is on the line, having the right team matters. We’re here to stand by your side—every step of the way.