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  • Writer's pictureBrandon Hicks

Understanding Indiana's Provocation Laws 35-42-2-3: A Guide by B. Hicks Law



Welcome to the official blog of B. Hicks Law, your trusted source for comprehensive legal information and expert criminal defense services. In today's post, we will delve into an important aspect of Indiana criminal law, specifically IC


, which pertains to provocation. Understanding this law is crucial to ensuring your rights are protected and that you have the best defense available when facing provocation charges.


What is IC 35-42-2-3?


IC 35-42-2-3 defines provocation as a criminal offense when a person recklessly, knowingly, or intentionally engages in conduct that is likely to provoke a reasonable person to commit battery. In simpler terms, provocation occurs when someone's actions or words intentionally incite another person to react violently or commit a battery offense.

Understanding the Elements of Provocation

To be charged with provocation under IC 35-42-2-3, several key elements must be met:

  1. Recklessness, Knowledge, or Intent: The accused must have acted recklessly, knowingly, or intentionally. This means that their conduct was not an accident but a deliberate action intended to provoke another person.

  2. Likely to Provoke: The accused's conduct must be such that it is likely to provoke a reasonable person. It's essential to understand that the provocation offense is not solely dependent on the victim's reaction but rather on whether a reasonable person would be provoked.

  3. Battery as a Result: For a provocation charge to stand, the conduct must lead to the victim committing a battery offense. Battery generally involves the intentional touching of another person in a harmful or offensive manner.

Penalties for Provocation


Provocation in Indiana is considered a Class C infraction. This means that if you are convicted, you could face penalties such as fines and a criminal record. Although a Class C infraction is less severe than a felony or misdemeanor, it still carries legal consequences that can impact your life.


Defenses Against Provocation Charges


If you are facing provocation charges, it's crucial to consult with an experienced criminal defense attorney. B. Hicks Law specializes in criminal defense and can help you explore potential defenses, such as:

  1. Lack of Intent: If you can demonstrate that you did not intend to provoke the other person, your attorney may argue that the provocation charge does not apply to your case.

  2. Reasonable Person Test: Your attorney may employ the reasonable person standard to show that your actions were not likely to provoke a reasonable person.

  3. Self-Defense: If you were acting in self-defense or to protect yourself or others, your attorney may be able to build a compelling defense.

Consult B. Hicks Law for Your Provocation Defense

Facing a provocation charge can be a challenging experience, but you don't have to go through it alone. B. Hicks Law has a team of dedicated criminal defense attorneys who can provide you with expert legal guidance, ensuring your rights are protected and that you receive the best defense available.


Understanding Indiana's provocation laws, as defined in IC 35-42-2-3, is essential if you find yourself facing provocation charges. Remember that being charged with provocation is a serious matter, and seeking the counsel of an experienced criminal defense attorney, like those at B. Hicks Law, can make all the difference in your case. If you have any questions or need assistance with a provocation case, don't hesitate to contact us today for a free consultation. Your future and your rights are our top priority.

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