What Are Intimidation Charges in Indiana?
In Indiana, laws that are commonly described under a broader legal umbrella of “assault and battery” are defined a bit differently, and the distinction among these laws can be confusing. One type of offense that is commonly charged is the offense of “intimidation.” This offense is similar to what other states’ criminal laws call “assault.” Depending on the nature of the offense and the specific facts of the case, intimidation can be charged as a misdemeanor or a felony. Even as a misdemeanor offense, a conviction can have serious consequences. Our Indianapolis assault and intimidation defense lawyers can tell you more about the specific offense under Indiana Law and what you need to know as you are preparing a defense.
Defining “Intimidation”
Under IC 35-45-2-1, the offense of “intimidation” is defined within a chapter of the Indiana Code that outlines “intimidation and other offenses relating to communications.” The statute says that a person commits the offense of intimidation if that person “communicates a threat with the intent” that any one of the following occurs:
- Another person engages in conduct against their will;
- Another person is placed in fear of retaliation for a prior lawful act; or
- Another person is placed in fear that the threat will be carried out.
To fully understand what this definition involves, it is essential to understand how Indiana law defines a “threat.” The statute says that a threat is “an expression, by words or action, of an intention to” do any one of the following:
- Unlawfully injured 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.
Consequences of an Intimidation Charge and Conviction
To be clear, there is no need to engage in any kind of physical act to be charged with intimidation — you can be charged with a misdemeanor or felony intimidation offense based on words alone.
What are the consequences if you are charged and convicted? Typically, intimidation is charged as a Class A misdemeanor in Indiana, which can result in a sentence of up to one year in jail and a fine of up to $5,000. When there are various aggravating circumstances present in the case, however, you could be facing a Level 6 or Level 5 felony, which can result in a substantially greater term of imprisonment and monetary fine.
Contact an Indianapolis Assault Defense Attorney Today
Charges for intimidation should never be taken lightly. A conviction, even for a misdemeanor, can result in jail time and a criminal record that has long-lasting consequences for you. It is critical to develop the strongest defense you can with assistance from one of the experienced Indianapolis assault defense lawyers at Rigney Law LLC. Contact us today to discuss the details of your case and to begin working on a defense strategy.
Source:
law.justia.com/codes/indiana/title-35/article-45/chapter-2/section-35-45-2-1/
