You should never take any criminal charge lightly. A state or even local misdemeanor may result in heavy fine, spending time in jail, and loss of your driving licence too. Indiana is usually considered widely to be quite a gun-friendly state, however, it will be a great mistake if you assume that this state will not take any weapon/firearm charges very seriously.
You can find many different criminal statutes written on the books that regulate weapon distribution, possession, and use. Some of these offenses also carry felony penalties. Contacting a skilled, dedicated Evansville felony charge lawyer of Thomas Law will be very essential in case police have arrested you or identified you to be a culprit.
The following offenses are considered to be illegal in Indiana:
1. Carrying any handgun without having a valid license
It is considered unlawful as per § 35-47-2-1 of Indiana code if you carry publicly a handgun without a valid license. There are however a few exceptions like if used only for transportation to any shooting range.
2. Possessing a gun by any violent felon
Individuals as per § 35-47-4-5 of Indiana code will be classified as a crime for violent felons, as it is strictly prohibited to possess a firearm. Any person convicted of murder, rape, or any aggravated battery can be booked under this statute.
3. Providing false information for obtaining a weapon
If you buy or even apply for any firearm in Indiana, then you need to provide a little information. As per § 35-47-2-17, you can also be charged if you deliberately provide any false info.
4. Unauthorized possession of any school grounds
As per § 35-47-9-2, even possessing any firearm in an unauthorized manner is strictly prohibited on school grounds.
5. Destroying identification marks
As per § 35-47-2-18, it will be considered a serious criminal offense if you intentionally remove any identification marks like a model, make, or a serial number of any handgun.
6. Unlawful brandishing of any weapon
As per § 35-47-4-3, it is considered illegal if you point your gun at any person other than your self-defense or to defend another person or any property. If there is any valid cause for pointing your gun like if any burglar broke into your home, then you have got the right to defend yourself and your family.
However, unlawful brandishing of your weapon will always be charged for felony criminal offense. However, if you can show that your firearm at that time was not loaded then you can escape.
7. Criminal recklessness
Often weapons and gun charges can also be brought under the criminal recklessness statute as per § 35-42-2-2. Criminal recklessness is defined as when you knowingly, intentionally, or just recklessly put other people at risk.
Indiana felony crimes
A felony is considered a crime in Indiana if any crime carries a punishment of more than 1 year in prison. In Indiana, most felonies will be designated as Level 1 to 6.
For any less serious crimes, the maximum sentence will be up to 1 year in any local jail. Let us know briefly about various actions that are considered criminal offenses.
Any murder in Indiana is considered an unclassified felony, which is punishable by death sentence or jail for 45 to 65 years. Also, the court may impose a fine maximum of up to $10,000.
2. Level 1 felonies
In Indiana, typically a level 1 felony is punishable with 20 – 40 years of imprisonment and also a fine of $10,000 maximum. Aggravated rape is considered a level 1 felony.
3. Level 2 felonies
Level 2 felonies in Indiana, are punishable by 10 to 30 years imprisonment and a maximum fine of $10,000. In Indiana, voluntary manslaughter is considered a level 2 felony.
4. Level 3 felonies
In Indiana, level 3 felonies will be punishable by 3 to 16 years imprisonment and a maximum fine up to $10,000. Causing serious injury to some other person is a typical example of any level 3 felony.
5. Level 4 felonies
Punishment for any level 4 felony may result in 2 to 12 years of imprisonment and also a fine of a maximum of up to $10,000. Generally, arson is considered a level 4 felony.
6. Level 5 felonies
Any level 5 felonies may carry 1 to 6 years of imprisonment and a fine up to $10,000. As an example, involuntary manslaughter can be considered a level 5 felony.
7. Level 6 felonies
Such level 6 felonies will carry a sentence of 6 months to 2½ years of imprisonment and a maximum of up to $10,000 as fines. However, a court may reduce any level 6 felony into a class A type of misdemeanor under few circumstances.
However, a person may not qualify for any reduced sentence if they have received previously an alternative sentence for a misdemeanor or have been charged with certain other felony-level offenses during the past 3 years. A typical example of any Level 6 felony can be a vehicle theft.
8. Advisory sentences
There are advisory sentences for each felonies level, or a certain guideline, that any court can consider while imposing any sentence. As an example, for a level 1 felonies, 30 years of imprisonment can be the advisory sentence.
9. Statutes of limitations
It is actually a time limit given for criminal prosecution. When the crime will be committed then the statute of limitations will begin to run, and as soon as the time limit will be up, a prosecutor will no longer bring any criminal charges.
Any murder or level 1 felonies in Indiana have got no limitations, while almost all other felonies have a certain limited period of 5 years.
Getting legal help
If you are ever charged with any of the above felonies, then you must contact any criminal defense lawyer for help. All kinds of felony convictions will carry serious consequences. Also, the stigma of having a criminal record may even last longer even after a sentence has been served or a necessary fine is paid.