As any Indiana criminal lawyer can tell you, the charge for a crime of violence can often be enhanced if it was committed using a deadly weapon. In a domestic battery case, for example, the charge begins as a Class A misdemeanor, which carries a maximum penalty of 365 days in jail and a $5,000 fine. Domestic battery with a deadly weapon, however, is automatically increased to a Level 5 felony, which carries a maximum penalty of six years in prison and a $10,000 fine.
So if most crimes become more serious when a deadly weapon is used, it only makes sense to ask—what counts as a deadly weapon? This blog will review the nuances of the Indiana Code, the legality of possessing various kinds of weapons, and the importance of hiring an attorney if you or someone you know is facing criminal charges.
Understanding Deadly Weapons
When you think of the term deadly weapon, it’s easy to picture obvious candidates, such as a gun or a knife. In Indiana, however, the law stipulates that any object or item that can be used to cause serious bodily harm can be considered a deadly weapon. From everyday household items (doors, bricks, spatulas) to large pieces of machinery (such as a vehicle), the classification of a deadly weapon depends on the context in which it is used.
In Indiana, the term deadly weapon can mean any of the following:
- a loaded or unloaded firearm;
- a destructive device, weapon, device, taser or electronic stun weapon, equipment, chemical substance, or other material that—in the manner it is used, could ordinarily be used, or is intended to be used—is readily capable of causing serious bodily injury;
- an animal that is readily capable of causing serious bodily injury and used in the commission or attempted commission of a crime; or
- a biological disease, virus, or organism that is capable of causing serious bodily injury.
These words may look like legalese, but just remember—at the end of the day, a deadly weapon is essentially anything that could be used to cause serious bodily injury in a violent situation. With such a broad statutory definition, Indiana has made it clear that context counts for an awful lot. An experienced Indiana criminal lawyer can help you make the most of the facts that work in your favor.
Pets as Deadly Weapons
In an intriguing twist, our furry companions can also be considered deadly weapons under specific circumstances. While owning a pet is not against the law, any animal capable of causing serious bodily injury that is used in the commission or attempted commission of a crime can be classified as a deadly weapon.
This is most common in cases of dog attacks. Battery is a crime, and you can’t avoid responsibility by having your dog do the dirty work. Where a pet is used as a deadly weapon, the owner can be charged criminally and may also face civil penalties based on the victim’s injuries.
Motor Vehicles as Deadly Weapons
Much like a pet, a beloved car can come to feel like a member of the family. It’s important to remember, however, that a vehicle is an incredibly dangerous machine, even when it’s being operated carefully. Failing to operate carefully and lawfully can lead to criminal charges of reckless driving (starting as a Class C misdemeanor and carrying a maximum penalty of 60 days in jail and a $500 fine) or aggressive driving (starting as a Class A misdemeanor).
If you’re intentionally using a vehicle to cause harm to someone—running them over, sideswiping them, or even just bumping into them—there’s no question the State will consider this sort of driving use of a deadly weapon.
Deadly Weapons as Deadly Weapons
Of course, owning and possessing a deadly weapon is not illegal in and of itself. Hoosiers enjoy Second Amendment rights just like every other law-abiding American citizen. Furthermore, Indiana enacted a constitutional carry law in 2022 that streamlined the process for eligible citizens to carry a handgun in public.
If you qualify as a proper person under Indiana law—meaning, among other things, that you have no convictions for domestic battery and no pending felony charges or convictions—it is perfectly acceptable for you to possess a handgun. If you’re using your handgun in illegal activity, however, the police and prosecutors are going to recontextualize this as criminal use of a deadly weapon.
Legal Implications
The implications of using a deadly weapon in the commission or attempted commission of a crime are severe, and charges can escalate quickly. As noted earlier, a simple charge of domestic battery starts as a Class A misdemeanor. At worst, this charge can land you in jail for a year.
Domestic battery with a deadly weapon, however, is charged as a Level 5 felony. This can mean up to six years in the Indiana Department of Correction, even if you owned the deadly weapon and had the right to possess it.
Make the Right Call
Whether you’re facing criminal charges or seeking clarity on your rights, the attorneys at the Marc Lopez Law Firm are dedicated to helping you navigate the legal landscape with confidence. Our goal is always to help you achieve the best possible outcome for your case.
Circumstances matter, and context is everything. Don’t assume that a clear conscience is going to prevent you from being punished.
If you’re dealing with criminal charges, the intervention of a proactive Indiana criminal lawyer is indispensable. The Marc Lopez Law Firm is here to help. Give us a call at 317-632-3642 and remember—always plead the 5th!
