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Anderson, IN Violent Crime Attorneys
There will always be situations that get out of hand, misunderstandings, and flared tempers. Family members and friends mostly resolve these issues amongst themselves. However, there are times when situations draw the attention of strangers or even worse, when someone is hurt or killed. In these cases, it may no longer be an option to keep the problem private. Now, you may face accusations and serious criminal charges related to committing a violent crime.
If you are being investigated for a violent crime in Madison County or elsewhere in Central Indiana, or have already been charged, you should contact an assault attorney at GDS Law Group, LLP online or by calling 765-313-7092. We are here to thoroughly review your case and gather evidence on your behalf. From day one, we’re here to fight for the best possible outcome, whether that is a dismissal, a reduced charge, or exonerating you at trial.
Assault and Battery Offenses
Assault and battery are two distinct crimes under Indiana law, though people often refer to them together. You can be charged with battery (IC §35-42-2-1) if you intentionally touch another person in a rude, insolent, or angry manner, or you place a bodily fluid or waste on another person in a rude, insolent, or angry manner. Depending on the facts, this can be charged between a Class B misdemeanor and a Level 2 felony.
Assault pertains to threats of violence; however, Indiana does not have a statute specifically prohibiting assault. Instead, threats of violence are covered by other laws, including intimidation (IC §35-45-2-1), harassment (IC §35-45-2-2), and criminal recklessness (IC §35-42-2-2).
You can be charged with intimidation if you threaten another person with the intention of causing them to engage in conduct against their will, place them in fear of retaliation, or cause a building to be evacuated. This may be a Class A misdemeanor or a Level 5 or 6 felony, depending on the circumstances. You commit harassment, a Class B misdemeanor, if you call, send mail, send obscene, indecent, or profane messages, or send electronic communications to another individual with the purpose of harassing, annoying, or alarming them.
If you are accused of committing battery or an assault-related offense, the best thing to do is contact an assault attorney from GDS Law Group, LLP at 765-313-7092. We have years of experience defending against accusations of violent crimes in Indiana.
Strangulation (IC §35-42-2-9)
If you, in a rude, angry, or insolent manner, knowingly or intentionally apply pressure to another person’s throat or neck, or you obstruct another person’s nose or mouth in a way that impedes their ability to breath normally or their blood circulation, prosecutors may charge you with a Level 6 felony.
Whenever you are accused of a criminal assault offense, like strangulation, your first step should be to call an assault lawyer from GDS Law Group, LLP at 765-313-7092. Violent offenses against another person, whether they cause serious injury or death, are taken very seriously in Indiana. Prosecutors will likely charge you with the highest offense possible. Although, by having an experienced lawyer in Anderson, IN by your side, it greatly increases the likelihood of a positive outcome.
Kidnapping (IC §35-42-3-2)
If you knowingly or intentionally remove another individual from a place through the use of fraud, enticement, force, or threats of force, then you can be charged with kidnapping, generally a Level 6 felony.
Kidnapping does not have to involve a minor and does not require that you move someone a great distance. You could move someone from their bedroom into a basement and still be charged with kidnapping. You also do not have to force the person or cause them harm. Fraud or enticement are enough.
Kidnapping can also be escalated to a higher-level felony. For instance, if you removed a minor younger than 14, who is not your child, use a vehicle for the kidnapping, or cause the victim bodily injury, then you will face a Level 5 felony. If you use a deadly weapon, cause serious bodily injury, or commit the offense on an aircraft, then prosecutors will charge it as a Level 3 felony. Kidnapping is a Level 2 felony if you intended to obtain a ransom, hijacked a car, intended to obtain a lawfully imprisoned person’s release, or intended to use the victim as a shield or hostage.
Another crime related to kidnapping is criminal confinement (IC §35-42-3-3), which is sometimes charged in addition to or instead of kidnapping. Criminal confinement encompasses knowingly and intentionally confining a person without their consent. It is typically a Level 6 felony, but increases in severity a lot like kidnapping, depending on the facts.
Voluntary and Involuntary Manslaughter (IC §35-42-1-3 and IC §35-42-1-4)
If you knowingly or intentionally kill another person or a viable fetus while acting under a sudden heat of passion, you may be charged with voluntary manslaughter, a Level 2 felony. Acting under a sudden heat or passion is a mitigating factor that reduces the severity of the charge to manslaughter instead of murder.
On the other hand, you may be charged with involuntary manslaughter, a Level 5 felony, if you kill another individual or viable fetus while committing or attempting to commit:
- A Level 5 or 6 felony that poses a risk of serious bodily injury;
- A Class A misdemeanor that poses a risk of serious bodily injury; or
You can also be charged with involuntary manslaughter if you cause the death of a viable fetus while operating a vehicle while intoxicated (OWI). Additionally, under IC §35-42-1-5, If you cause another person’s death while behaving recklessly, you can be charged with reckless homicide, a Level 5 felony.
These cases are tough to handle, and you need a homicide attorney with specific experience representing clients charged with these types of crimes . At GDS Law Group, LLP, we have the knowledge and experience you need to defend against any manslaughter or reckless homicide offense.
Murder Charges (IC §35-42-1-1)
Under Indiana law, you can be charged with murder if you:
- Knowingly or intentionally kill another person or viable fetus (not including lawful abortion);
- Kill another person while committing or trying to commit arson, burglary, child molestation, consumer product tampering, criminal deviate conduct, kidnapping, rape, robbery, human trafficking, sex trafficking of a minor, or carjacking.
- Kill another person while committing or attempting to manufacturing or dealing in meth, cocaine, or another narcotic drug, dealing in controlled substances.
Under IC §35-50-2-3, if you are found guilty of murder, you will be imprisoned anywhere between 45 and 65 years and fined up to $10,000. You may also be sentenced to life imprisonment without parole or face the death penalty, if you were at least 18 years old at the time of the offense. For the prosecution to seek life imprisonment without parole or the death penalty, they must prove one or more aggravating factors exists, which are listed in IC §35-50-2-9.
You can also be charged with attempted murder. Based on Indiana law, if you attempt to commit a murder, and take at least one substantial step toward its fulfilment, you will be charged with a Level 1 felony.
Whether you are accused of trying to commit or completing a murder, you need to contact a murder defense lawyer as soon as you can. A skilled murder attorney will strive to find the holes in the prosecution’s case and create the strongest defense available under the law.
Statutory Penalties for Violent Crimes
If you are convicted of a violent crime, the duration of your incarceration and amount of your fines are controlled by the level of offense.
- Class C misdemeanor: Maximum of 60 days in jail and fines up to $500.
- Class B misdemeanor: Up to 180 days in jail and fines reaching $1,000.
- Class A misdemeanor: Maximum of 1 year in jail and fines up to $5,000.
- Level 6 felony: Between 6 months and 2.5 years in prison and fines up to $10,000.
- Level 5 felony: Between 1 and 6 years in prison and fines up to $10,000.
- Level 4 felony: Between 2 and 12 years in prison and fines reaching $10,000.
- Level 3 felony: Between 3 and 16 years in prison and fines up to $10,000.
- Level 2 felony: Between 10 and 30 years of imprisonment and maximum fines of $10,000.
- Level 1 felony: Between 20 and 50 years’ incarceration and fines up to $10,000.
- Murder: Between 45 and 65 years in prison, life imprisonment without parole, or death.
Defenses Against Violent Crimes
If you are charged with a violent crime that did not result in death, speak with an assault attorney right away. If you are accused of being responsible for killing another person or fetus, contact a murder lawyer immediately. Some of the potential defenses that GDS Law Group, LLP may utilize during a violent crime case include:
- Self-defense/Defense of others: If you were forced to defend yourself or others from harm, you may be able to use self-defense or the defense of others to avoid conviction. However, you will need evidence that you reasonably believed you or others were in harms’ way and that you used a necessary amount of force.
- Mistake of identity: You may be wrongly accused of a crime because you look like the perpetrator or were in the wrong place at the wrong time. Your attorneys will strive to prove you have an alibi for the time of the offense. They may also present evidence that points to another person as the guilty party.
- Lack of intent: Most violent crimes require you to act intentionally or knowingly. If another person’s injuries or death were the result of an accident, a reason other than voluntary intoxication, or because you were unaware of what you were doing, then your attorney will strive to prove you lacked the necessary intent for the crime.
- Insufficient evidence: A common defense to accusations of a violent crime is that the prosecution does not have enough evidence to prove you committed the offense beyond a reasonable doubt. Your legal team will work to display all of the holes in the prosecution’s case and to demonstrate how weak their evidence is.
Contact an Assault Attorney Today
Allegations of a violent crime are always nerve-wracking. The potential consequences of a conviction are profound. From incarceration to years of probation, your life will never be the same. To fight such a loss of freedom, you need to work with an experienced criminal defense team at GDS Law Group, LLP. We will use our decades of experience to mount an aggressive defense.