Criminal Charges in Indiana for Making Threats

Although Indiana does not have a criminal offense defined as “assault,” which is typically the type of charge a person can face for making certain threats, you can nonetheless face criminal charges for making threats in Indianapolis. Rather than facing charges for assault, under IC 35-45-2-1, you are likely to instead face charges for “intimidation.” The degree of the offense will depend on the specific facts surrounding the threat and the person’s criminal background, but intimidation can result in anything from a Class A misdemeanor up to a Level 5 felony offense. Our Indianapolis criminal defense lawyers can provide clarification.

How You Can Face Intimidation Charges for Making a Threat 

Under IC 35-45-2-1, if you communicate a threat — verbally or through other actions, then you could face charges for intimidation. To be convicted of this offense, the prosecution also must prove intent.

What is typically known as a “simple assault” in other states typically results in a Class A misdemeanor charge of Intimidation in Indiana, which still carries jail time. If the threat involves a threat to commit a forcible felony or there are other particular circumstances present (such as the target being a witness or a prosecuting attorney, or if the person making the threat draws or uses a deadly weapon), the offense can be charged as a Level 6 felony or a more serious Level 5 felony.

Defining a “Threat” Under Indiana Law 

What does it mean to make a threat? Under Indiana law, a threat is defined as “an expression, by words or action, of an intention” to do one of the following, as cited in IC 35-45-2-1:

• Unlawfully injure the person threatened or another person, or damage property;
• Unlawfully subject a person to physical confinement or restraint;
• Commit a crime;
• Unlawfully withhold official action, or cause such withholding;
• Unlawfully withhold testimony or information with respect to another person’s legal claim or defense, except for a reasonable claim for witness fees or expenses;
• Expose the person threatened to hatred, contempt, disgrace, or ridicule,
• Falsely harm the credit or business reputation of a person; or
• Cause the evacuation of a dwelling, a building, another structure, or a vehicle.

To be clear, a threat involves an expression of your intention to do one of the above, not to actually commit the act. If the act is actually committed (such as unlawfully injuring a person or damaging their property), there will likely be additional charges.

Contact an Indianapolis Criminal Defense Attorney Today 

When you are facing charges for intimidation or any other type of assault-related offense, it is critical to seek legal help with your defense. While this offense is often charged as a misdemeanor for first-time offenders, it is typically charged as the most serious level of misdemeanor and can result in jail time. To avoid having an intimidation conviction on your record and to avoid a serious sentence that may include time in prison, it is critical to get in touch with an experienced Indianapolis criminal defense lawyer at Rigney Law LLC. We can discuss the details of your case and begin working on relevant defense strategies.

Sources: 

law.justia.com/codes/indiana/title-35/article-45/chapter-2/section-35-45-2-1/

aw.justia.com/codes/indiana/title-35/article-50/chapter-3/section-35-50-3-2/