Criminal confinement in Indiana is the knowing or intentional confinement of another person without that person’s consent. It starts as a Level 6 felony, which carries a maximum penalty of two-and-a-half years in prison and a $10,000 fine.
Confinement of a Child Is a More Serious Offense
If the person confined is under 14 years of age, this can be charged as a Level 5 felony, which pushes the maximum prison sentence to six years. Note that a person cannot be charged with criminal confinement of their own child.
For a person to be convicted of criminal confinement, the State must prove substantial interference with a person’s liberty without the person’s consent. If we’re talking about a child under the age of 14, blocking a doorway and refusing to let the child leave is probably enough. Forcing a child into a room or threatening the child with harm if they try to leave can also qualify as criminal confinement.
A Brief Confinement Is Still Confinement
Confinement does not have to last long to qualify as criminal. For example, entering someone’s car and holding them at gunpoint is probably enough to get you convicted of confinement, even if you flee the scene shortly thereafter. Time may be a factor, but the judge is more inclined to care about the type of interference involved.
Any Amount of Force Will Qualify
Indiana courts have held that any amount of force is enough force for purposes of a confinement conviction. Holding a child against a wall or pushing them into a room can absolutely constitute criminal confinement.
Again, you can’t be convicted of criminal confinement of your own child, but there no other statutory exceptions. It doesn’t matter if you’ve known the child all their life. It doesn’t matter if you’re romantically involved with one of the child’s parents. If you don’t have legal rights with regard to the child, confining them against their will can be charged as a Level 5 felony.
Make the Right Call
A felony criminal charge can feel overwhelming, which is exactly why you need an experienced criminal defense attorney in your corner. The attorneys at the Marc Lopez Law Firm have been fighting cases like these for over a decade. Give us a call at 317-632-3642 to discuss your options, and remember—always plead the 5th!
