You may have encountered someone before who tried to use intimidation tactics to manipulate you or bend you to their will. But did you know that intimidation can be a crime in Indiana?
If you’ve been arrested for intimidation with a deadly weapon, you already know that drawing or pointing a firearm (or another dangerous weapon) while attempting to intimidate someone raises the charge to a felony.
After being charged with intimidation with a deadly weapon or any other crime, you should consult a criminal defense attorney as soon as possible. At Gemma & Karimi, we’re proud to offer experienced legal representation to clients in Indianapolis and the surrounding areas.
What Constitutes Intimidation With a Deadly Weapon in Indiana?
Indiana Code § 35-45-2-1 outlines the elements of the crime of intimidation. A person commits intimidation if they make a threat with the intention to make someone else:
- Engage in conduct they ordinarily wouldn’t
- Fear that the actual threat will be carried out
- Fear retaliation for a prior lawful act they took
- Fear other adverse actions taken against the other person’s will
- Leave a structure or a vehicle
On its own, intimidation is a Class A misdemeanor in Indiana. This means that if you make verbal threats and there are no aggravating factors, you may be charged with a misdemeanor. However, if you draw or use a deadly weapon, you’ve committed intimidation with a deadly weapon, which is a Level 5 felony.
Intimidation with a deadly weapon charges are serious. Still, you might naturally wonder: What exactly counts as a deadly weapon?
Under Indiana law, any object that can inflict serious injury or death is considered a deadly weapon. Guns and knives are common examples, but in certain scenarios, things like baseball bats and cars can be classified as deadly weapons, too.
Legal Elements and Framework of the Offense
Indiana criminal statutes on deadly weapon intimidation are extremely specific. The law details what it means by “threat.”
Many people think that a person making threats must utter those threats verbally. However, under Indiana law, a person makes a threat if their words or actions communicate the intention to do any of the following:
- Unlawfully injure the person threatened or someone else
- Unlawfully damage property
- Unlawfully subject someone to physical confinement or restraint
- Unlawfully withhold official action (refuse to perform official duties)
- Commit a crime
- Unlawfully withhold testimony or information regarding someone’s legal claim or defense
- Expose the person threatened to ridicule or contempt
- Falsely harm the credit or business reputation of another person
- Cause another person to evacuate a building or vehicle
This crime has three primary elements: the threat itself, the perpetrator’s intention to cause distress or coerce the victim into doing something, and the involvement of a deadly weapon.
Related Offenses and Compounding Legal Risks
The difference between misdemeanor and felony weapon charges isn’t always as obvious as one might think. Intimidation with a deadly weapon might be a lower-level felony in Indiana, but if you’re facing criminal charges for this offense, you can be charged with multiple other offenses relating to the same incident.
The law enforcement officer who arrested you for intimidation with a deadly weapon might also have a reasonable claim to charge you with one or more of the following:
Pointing a Firearm
You don’t have to aim a weapon at the person you’re trying to intimidate to be charged with intimidation with a deadly weapon. You just have to make a threat with the intent of causing fear or coercing the victim (and display the weapon as part of that threat).
However, if you aim a firearm at the same victim while making a threat, you could be charged with pointing a firearm, which is a separate crime in Indiana. The severity of the offense depends on whether the gun was loaded or not:
- Pointing a loaded firearm at someone is a Level 6 felony
- Pointing an unloaded firearm at someone is a Class A misdemeanor
In Indiana, a Level 6 felony is the least serious type of felony crime. However, if you’re convicted, you could still face six months to two and a half years in jail and a fine of up to $10,000.
Battery
You don’t have to make physical contact with a victim to be charged with felony intimidation. However, if you touch or strike another person while making a threat, you might face additional charges for battery.
Criminal Recklessness
Using a weapon to threaten another person is a distinct crime. However, if you handle that weapon in a way that creates a general public risk, you could also receive criminal recklessness charges.
For example, if you surreptitiously show another person your gun while making a threat, you’d likely be charged with intimidation with a deadly weapon. If you show them the gun and then start firing into the air, the prosecuting attorney could charge you with both intimidation with a deadly weapon and criminal recklessness.
Criminal recklessness can be a misdemeanor or a felony, but when a deadly weapon is involved, you’ll almost certainly be charged with a felony.
Potential Consequences of a Conviction
As you might imagine, the legal consequences of deadly weapon intimidation can be harsh. Here are the penalties for intimidation with a deadly weapon in Indiana:
- Between one and six years in prison
- A fine of up to $10,000
Judges have some latitude when sentencing offenders. If you already have a criminal record, you’ll likely face closer to six years in prison. Even a prior unrelated conviction can have a significant impact on the outcome of your case.
These are the primary criminal consequences of a conviction. However, being charged with and convicted of felony intimidation comes with far-reaching consequences that may follow you even after you’ve been released from jail or prison.
Unlike most states, Indiana restores your right to vote once you’ve been released from prison. However, having a felony intimidation charge on your record may make it difficult to find employment. Employers are often ambivalent about hiring felons. If your charge involves threatening another person with violence, they may be particularly hesitant.
Moreover, employment status is the basis of approval for many kinds of credit, so this limitation could hold you back financially in other ways.
Defense Strategies and Legal Options
If you’ve been charged with intimidation with a deadly weapon, it’s important not to give up hope.
Your first step should be finding a qualified defense attorney to help with your pending criminal proceedings. There are several viable criminal defense strategies for weapon charges, and a skilled attorney might choose to incorporate more than one into your case.
Here are some possible criminal law defenses against intimidation with a deadly weapon charges in Indiana:
Lack of Intent
When a person draws a weapon while issuing a threat, it’s fairly clear that they’re trying to intimidate someone or make sure they’re placed in fear. But what if the person making the threat didn’t mean to do so?
The lack of intent defense can be a powerful one, especially if the person threatened or another person mistakenly believed that your sarcasm or exaggeration was genuine.
Self-Defense
Understanding Indiana self-defense laws is essential for mounting this argument. Indiana is a “stand your ground” state, which means you may use reasonable force to protect yourself in your home or vehicle.
It’s not typically legal to point a weapon at someone and threaten to harm them if they don’t leave a given area. However, if the person making the threat is reasonably in fear for their life or safety, they’re within their legal rights.
For example, it’s ordinarily against the law to point a gun at someone to prompt the evacuation of a dwelling. But if someone has broken into your home or vehicle, or another structure you own, using or threatening to use physical force is generally lawful under the Indiana Code.
Our legal team has a deep familiarity with self-defense claims in Indiana. If you’ve been accused of criminal conduct while trying to protect yourself or your family, Gemma & Karimi is here to provide the robust legal defense you need.
Mitigating Sentencing for Weapon-Related Crimes
Depending on the circumstances of your case, your attorney may not be able to talk the prosecution into dropping your charges or convince a jury to acquit you. However, they may be able to present mitigating factors (conditions that lessen the severity of a given crime) and argue that they merit a reduced sentence.
Making a threat with the intent of causing fear is serious, but the following mitigating factors could potentially lighten your sentence:
- You have mental health or substance use issues that contributed to the crime
- You’re genuinely remorseful
- You have no prior criminal history
- You didn’t cause serious harm to the victim
On their own, mitigating factors probably won’t result in the prosecuting attorney or another judicial officer dropping the charges. However, if they lead to lighter sentencing, you may be able to get out of prison and back to your normal life faster than you otherwise would.
Steps to Take if Facing Intimidation Charges
If you’re wondering how to fight a deadly weapon charge, taking the time to learn about criminal law can be beneficial. That said, you shouldn’t try to go up against experienced prosecutors alone. If a prosecutor has filed charges after hearing a person’s legal claim, they likely believe that they can win the case against you.
If you’ve been arrested and officers are claiming that you’ve tried to unlawfully subject a person to physical confinement or otherwise issued an illegal threat, you shouldn’t try to explain your way out.
The police don’t want to hear your side of the story, and by making a person engage in conversation, they can identify new evidence to help build their case. After your arrest, you should politely assert your right to remain silent and only talk to a lawyer.
In Indiana, court representation for felony charges is essential. Even if they’ve been through the court system before, any reasonable person accused of a crime will seek out an attorney who has experience with criminal law.
Get Help Fighting Your Charges of Intimidation With a Deadly Weapon
You may be unsure what to expect after being arrested and charged with intimidation with a deadly weapon. These are serious charges, and you’ll need the help of a knowledgeable lawyer to manage their impact on the rest of your life.
The seasoned legal team at Gemma & Karimi is ready to support you during this challenging time.
Our attorneys can talk you through courtroom procedures for intimidation charges and explain how the process will unfold. We believe that everyone accused of a crime deserves a strong legal defense, and we strive to deliver that to each of our clients.
If you’re looking for Indianapolis legal aid for weapon-related crimes or otherwise need legal help in central Indiana, contact us today to schedule a free consultation.
