What is Assault with a Firearm?
While Indiana law includes a range of criminal offenses related strictly to the possession or use of a firearm, there are many criminal offenses that become more severe when they are committed with a firearm. One of those areas of criminal charges include offenses related to assault. Unlike other states that have a specific criminal offense of “assault,” Indiana does not. Instead, there are several offenses in the Indiana Code that are related to a common understanding of assault, and the closest is usually the Indiana offense of “intimidation.” Generally speaking, this is a misdemeanor offense, but it becomes significantly more serious when it is committed with a firearm. In such circumstances, a person is likely facing a felony offense. Our Indianapolis criminal defense lawyers can explain in more detail.
Intimidation with a Firearm
The offense of “intimidation” under IC 35-45-2-1 is a Class A misdemeanor when a person communicates a threat with the intent of one of the following:
- That another person engage in conduct against their will;
- That another person be faced in fear of retaliation for a prior lawful act; or
- That another person be placed in fear that the threat will be carried out.
A “threat” under Indiana law can include either words or actions that convey an attempt to cause a form of harm. The Indiana Code outlines more than half a dozen definitions of a “threat,” including conveying the intention to injure a person or to subject them to physical confinement, as well as conveying the intention to commit a crime. As we noted above, intimidation is a Class A misdemeanor under Indiana law. However, the offense becomes a felony under various circumstances, including when it is committed with a firearm. More specifically, according to IC 35-45-2-1(b)(2)(A), if, while committing the offense of intimidation, a person “draws or uses a deadly weapon,” then the offense becomes a Level 5 felony. If convicted, a Level 5 felony results in a prison sentence of between one and size years (with an advisory sentence of three years), and up to $10,000 in a fine. In addition, the person will have a felony criminal record.
Intimidation with a Firearm and Additional Charges
When a person is facing a Level 5 felony because they have been accused of committing intimidation with a deadly weapon (including a firearm or another deadly weapon), it is important to know that they may also be facing additional charges.
Possession of a firearm by a felony or by a person without a license is a separate offense. In addition, if a person is accused of pointing a firearm at another person, they can face anywhere from Class A misdemeanor to Level 6 felony charges — separate from the Level 5 felony intimidation charge.
Contact Our Indianapolis Gun Crime and Criminal Defense Lawyers Today
If you are facing charges for intimidation or any other assaultive offense, and especially if there are elevating or aggravating circumstances that have resulted in felony charges, it is critical to get legal advice as quickly as possible. One of the experienced Indianapolis gun crime defense attorneys at Rigney Law LLC can speak with you today to learn more about the details of your arrest and the charges you are facing. We can work with you to develop a defense strategy that is tailored to the particular facts of your case, whether you are facing charges for just one offense involving a firearm or for multiple offenses related to the possession and use of a deadly weapon. Contact us today for assistance with your defense.
Sources:
law.justia.com/codes/indiana/title-35/article-45/chapter-2/section-35-45-2-1/
law.justia.com/codes/indiana/title-35/article-50/chapter-2/section-35-50-2-6/
