A person charged with criminal neglect of a dependent is facing an incredibly stressful situation, especially if their own child is involved in the incident. If you or someone you know is charged with a crime, it’s crucial to speak to an Indiana criminal lawyer as soon as possible. Time is of the essence, even if there’s no way to go back and undo anything that’s already occurred.
Neglect of a Dependent: The Basics
It’s important to grasp the full implications of any criminal charges, so let’s take a closer look. In the State of Indiana, neglect of a dependent occurs when a person having the care of a dependent, whether assumed voluntarily or because of a legal obligation, knowingly or intentionally:
- places the dependent in a situation that endangers the dependent’s life or health;
- abandons or cruelly confines the dependent;
- deprives the dependent of necessary support; or
- deprives the dependent of education as required by law.
This starts as a Level 6 felony, which carries a maximum penalty of two and a half years in prison and a $10,000 fine.
Understanding the Criminal Charges
In Indiana, one of the most common scenarios for neglect of a dependent is in the context of a DUI charge. If you’re pulled over on suspicion of DUI and there’s a child in the vehicle, you’re likely going to be facing an additional criminal charge.
This changes things significantly. Instead of simply facing a misdemeanor Indiana DUI charge, the presence of a child during the offense means you’re also potentially facing at least a Level 6 felony charge for neglecting a dependent. A felony charge means you could be looking at time in the Indiana Department of Correction.
Of course, there are many ways this can get worse, depending on the details. For example, the neglect charge can be elevated to a Level 5 felony if the neglect consists of endangerment, abandonment, cruel confinement, or deprivation of necessary support and:
- results in bodily injury; or
- is committed in a location where a person is dealing in cocaine or a narcotic drug, dealing in methamphetamine, or manufacturing methamphetamine; or
- is the result of dealing in cocaine or a narcotic drug, dealing in methamphetamine, or manufacturing methamphetamine.
A Level 5 felony carries a maximum penalty of six years in prison and a $10,000 fine.
Higher Level Felony Charges
Neglect of a dependent can be charged as a Level 3 felony if it consists of endangerment, abandonment, cruel confinement, or deprivation of necessary support and results in serious bodily injury. A Level 3 felony carries a maximum penalty of 20 years in prison and a $10,000 fine.
Neglect is a Level 1 felony if it consists of endangerment, abandonment, cruel confinement, or deprivation of necessary support by a person at least 18 years of age and:
- it results in the death or catastrophic injury of a dependent who is less than 14 years of age; or
- it results in the death or catastrophic injury of a dependent of any age who has a mental or physical disability.
A Level 1 felony carries a maximum penalty of 50 years in prison and a $10,000 fine.
Make the Right Call
Criminal charges are always serious, but especially when there’s a felony and/or a child involved. If you’ve been charged with neglect of a dependent, it’s very important that you speak to an experienced Indiana criminal lawyer as soon as possible.
There’s no need to panic, because the Marc Lopez Law Firm handles cases like these every day. If you need legal guidance or assistance, give us a call at 317-632-3642 and remember—always plead the 5th!
