20 Years of Combined Experience to Combat Homicide Charges in North and Southwest Indianapolis

Homicide is a serious crime to be accused of, and the penalties upon conviction can last a lifetime. As a result, it is critical that you enlist aggressive and experienced defense lawyers to fight your charges. The attorneys at Gemma & Karimi, LLP are hardworking advocates who will work one-on-one with you every step of the way in your defense. They bring former prosecution and private defense experience, and they will provide aggressive representation to achieve your goals in your case. Whether the best strategy is to argue for reduced charges or a complete dismissal of your case, you can trust that the firm will handle your defense with experienced and dedicated skill.

Schedule a free consultation to discuss your legal options in detail. Contact Gemma & Karimi, LLP online.

Indiana’s Homicide Laws

In Indiana, homicide refers to killings in the context of murder and manslaughter. A person commits murder if they:

• intentionally kill another human being;
• kill another person while committing or attempting to commit a felony like arson, burglary, child molesting, consumer product tampering, kidnapping, rape, robbery, human or sex trafficking, carjacking, or drug dealing ("felony murder"); or
• intentionally kill a fetus that has attained viability.

Manslaughter is slightly different and is a killing that occurs in the “heat of passion” (voluntary manslaughter) or on accident (involuntary manslaughter).

Penalties Upon Conviction

The penalties for murder depend on the severity of the crime and the defendant’s criminal history. Murder can be punished by the following:

• death penalty;
• life imprisonment without the possibility of parole;
• 45-65 years in prison and up to $10,000 in fines.

If the defendant is 16 or 17 years old at the time of the crime, they cannot be sentenced to death and will likely receive life imprisonment without parole.

Note that the presence of aggravating or mitigating factors can impact the judge’s decision to issue a sentence in the more severe range or less severe range. More specifically, the prosecutor will need to prove beyond a reasonable doubt that one of the following aggravating circumstances existed in order to call for a death sentence:

• the defendant killed another person while committing or attempting a felony or criminal gang activity;
• the defendant killed by intentionally detonating an explosive;
• the murder involved lying in wait;
• the defendant murdered for money or hired someone to kill;
• the defendant was previously convicted of or committed murder;
• the defendant was under the custody of the Department of Corrections or county sheriff, on felony probation, or on parole when the murder was committed;
• the murder involved burning, mutilating, or torturing the alleged victim while alive or dismembering the victim;
• the defendant intentionally fired a gun into a home or vehicle;
• the alleged victim was a corrections or probation officer, police officer, judge, or fireman who was killed while on duty;
• the alleged victim was a child under 12 years old;
• the murder involved battery, kidnapping, criminal confinement, or a sex crime by the defendant;
• the alleged victim was a witness against the defendant who was murdered to prevent the testimony;
• the alleged victim was pregnant and the murder killed the fetus.

On the other hand, the following mitigating circumstances might lead to a lesser charge:

• the defendant has no significant criminal history;
• the defendant was under the influence of extreme mental or emotional disturbance at the time of the murder;
• the defendant was an accomplice in a murder committed by another, and their participation was minor;
• the defendant acted under the substantial control of another person;
• the defendant lacked the capacity to appreciate the actions and follow the law due to mental disease or defect or intoxication;
• the alleged victim participated in or consented to the defendant's conduct.

Manslaughter offenses are charged at a lesser degree than murders; voluntary manslaughter is a Level 2 felony punishable by 10-30 years in jail and up to $10,000, and involuntary manslaughter is generally a Level 5 felony punishable by 1-6 years in jail and up to $10,000 in fines. If the involuntary manslaughter resulted from the operation of a motor vehicle, the defendant may also face 2-5 years of license suspension.

Depending on the circumstances of your case, Gemma & Karimi, LLP may be able to build a defense based on these grounds:

• Mistaken identity
• Self-defense (“justified homicide”)
• Defense of others
• Accidental death committed in the course of a lawful activity

The firm knows that nothing less than your freedom is at stake when you face a homicide charge. You can rely on their trial-tested advocacy and knowledge of Indiana law to provide a diligent defense that seeks to preserve that freedom.

Schedule a free initial consultation with Gemma & Karimi, LLP online to get started immediately.