Legal Question in Criminal Law in Indiana

Re: i have a question on breaking an entering with assault and battery

Assuming this occured in Indiana, the prosecutors office in the county where this happened has the duty of determinig whether a crime has been committed and then file charges.

However, it would appear that what you have described given the limited facts, is a burlary.

As it seems the intruder broke and entered into your dwelling with the intent to inflict serious injury, which could be a felony, the definition may be satisfied. Burglary does not mean that intended felony to be committed within must be a theft but any felony. Still, the complete facts must be investigated before such a conclusion may be made. Obviously, if the person was living there, he/she could not break and enter into their own place, so it may then be a battery alone. In that case it could range from a misdemenor to felony based on the extent of injuries inflicted.