Self-Defense Laws in Indiana: A Comprehensive Guide
Self-defense holds a unique and formidable place within Indiana’s legal landscape. It can offer you a powerful and unique defense strategy that can turn the tide in your criminal cases. Indiana recognizes the right of individuals to protect themselves, others, and their property from harm. Every self-defense case is different, but the thing they all have in common is that each one involves an allegation of a crime of violence. However, just because you claim self-defense, does not mean you are in the clear.
In Indiana, self-defense laws are covered under Indiana Code § 35-41-3, but what does that look like? This guide will explore the fundamentals of self-defense laws in Indiana, deciphering the statute. Also, we’ll look at the four main parts of self-defense, the difficulties in using self-defense in court, and explain when it’s proper to use force and when it’s not.
“Communication is awesome. Best lawyers hands down. Recommend highly.” – Preston
Breaking Down Indiana’s Self-Defense Statute
The Indiana General Assembly reaffirms the right to self-defense, emphasizing the right to defend oneself and third parties from physical harm and crime. Indiana Code § 35-41-3-2, allows the use of reasonable force against an imminent threat and permits deadly force in specific situations without a duty to retreat. Indiana Code §§ 35-41-3-2(c), 35-41-3-2(d), 35-41-3-2(e), and 35-41-3-2(i) outline this:
(c) A person is justified in using reasonable force against any other person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person, employer, or estate of a person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.
(d) A person:
(1) is justified in using reasonable force, including deadly force, against any other person; and
(2) does not have a duty to retreat;
if the person reasonably believes that the force is necessary to prevent or terminate the other person’s unlawful entry of or attack on the person’s dwelling, curtilage, or occupied motor vehicle.
(e) With respect to property other than a dwelling, curtilage, or an occupied motor vehicle, a person is justified in using reasonable force against any other person if the person reasonably believes that the force is necessary to immediately prevent or terminate the other person’s trespass on or criminal interference with property lawfully in the person’s possession, lawfully in possession of a member of the person’s immediate family, or belonging to a person whose property the person has authority to protect. However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
Only if that force is justified under subsection (c).
(i) A person is justified in using reasonable force against a public servant if the person reasonably believes the force is necessary to:
(1) protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force;
(2) prevent or terminate the public servant’s unlawful entry of or attack on the person’s dwelling, curtilage, or occupied motor vehicle; or
(3) prevent or terminate the public servant’s unlawful trespass on or criminal interference with property lawfully in the person’s possession, lawfully in possession of a member of the person’s immediate family, or belonging to a person whose property the person has authority to protect.
The Four Pillars of Self-Defense
“Marc Lopez Law Firm was very instrumental in getting my life back on track. I highly recommend them.” – Allen
When self-defense is enacted as a legal defense, there are four elements that must be met. If these requirements are met, it can mean the difference between a defendant going home or spending several years behind bars.
The First Element | Acting Without Fault
The foundation to a valid self-defense claim is the assertion that you did not initiate or escalate the altercation. To prove this element, the response must be a direct reaction–using reasonable force–to a perceived threat. The principle of not being the aggressor or provocateur is crucial.
The Second Element | Being In a Place You Have the Right to Be
For self-defense to be valid, you must be in a location where you have the legal right to be. This means that if you were trespassing or in an unauthorized area, the legitimacy of a self-defense argument can be compromised. Understanding property rights and legal boundaries is central to being able to establish a valid self-defense claim.
The Third Element | Reasonable Fear
To have a solid self-defense claim, you must have had reasonable fear of bodily injury at the time of the incident. To establish the element of reasonable fear, there are two sub-components:
Objective Reasonable Fear
- You must demonstrate that a reasonable person in the same situation would have feared and believed bodily harm was possible.
- For example, you tackle someone who is swinging a crowbar at you.
Subjective Reasonable Fear
- You must genuinely and reasonably have felt and believed there was a threat to your safety.
- For example, you have a small frame and you tackled a 6’4” 300-pound man who was winding up for a punch.
Reasonable fear is very fact-sensitive. It depends greatly on the situation and the person claiming self-defense. Proving genuine and reasonable fear of bodily harm is essential in establishing a valid self-defense claim.
The Fourth “Hidden” Element | Acting in a Reasonable Manner
Although not formally recognized, the principle of proportionality is an important element of a successful self-defense claim. The level of force used must be proportional to the perceived threat. Using force beyond what is necessary, especially after the threat has diminished, can and often will undermine the legitimacy of your self-defense claim. Some common examples of going overboard – striking someone that has obviously given up or has ceased attacks.
Tying It All Together
An Indiana self-defense attorney will know how these elements overlap and how to prove them. When a claim of self-defense is carried out correctly, it can be an extremely powerful defense strategy. Essentially, the formula looks like this: a non-aggressor + in a place they are allowed to be + reasonable fear + reasonable force = a solid self-defense case.
A Duty to Retreat?
While some states have a duty to retreat in self-defense cases, Indiana is not one of those states. What does this mean? If a perpetrator is threatening you while charging and swinging their fists, you have no legal obligation to withdraw. You can plant your feet and swing right back.
Essentially, if someone is putting you in danger, the law permits you to defend yourself. Now, although you can defend yourself, the force you use must be reasonable and proportional to the force being threatened. If someone is swinging on you, and you shoot them, a self-defense claim will be very difficult to make.
When is Force Not Justified?
“I have used their services and had an amazing outcome. Very great and professional people” – Carl
Although Indiana embraces the right to self-defense and you do not have a duty to retreat, there are limitations. Indiana Code §§ 35-41-3-2(g), 35-41-3-2(h), 35-41-3-2(j), and 35-41-3-2(k) list out specific circumstances when force would not be justified:
(g) Notwithstanding subsections (c) through (e), a person is not justified in using force if:
(1) the person is committing or is escaping after the commission of a crime;
(2) the person provokes unlawful action by another person with intent to cause bodily injury to the other person; or
(3) the person has entered into combat with another person or is the initial aggressor unless the person withdraws from the encounter and communicates to the other person the intent to do so and the other person nevertheless continues or threatens to continue unlawful action.
(h) Notwithstanding subsection (f), a person is not justified in using force if the person:
(1) is committing, or is escaping after the commission of, a crime;
(2) provokes unlawful action by another person, with intent to cause bodily injury to the other person; or
(3) continues to combat another person after the other person withdraws from the encounter and communicates the other person’s intent to stop hijacking, attempting to hijack, or otherwise seizing or attempting to seize unlawful control of an aircraft in flight.
(j) Notwithstanding subsection (i), a person is not justified in using force against a public servant if:
(1) the person is committing or is escaping after the commission of a crime;
(2) the person provokes action by the public servant with intent to cause bodily injury to the public servant;
(3) the person has entered into combat with the public servant or is the initial aggressor, unless the person withdraws from the encounter and communicates to the public servant the intent to do so and the public servant nevertheless continues or threatens to continue unlawful action; or
(4) the person reasonably believes the public servant is:
(a) acting lawfully; or
(b) engaged in the lawful execution of the public servant’s official duties.
(k) A person is not justified in using deadly force against a public servant whom the person knows or reasonably should know is a public servant unless:
(1) the person reasonably believes that the public servant is:
(a) acting unlawfully; or
(b) not engaged in the execution of the public servant’s official duties; and
(2) the force is reasonably necessary to prevent serious bodily injury to the person or a third person.
Essentially, the use of force is not justified in three primary situations: (1) if you escalate the level of violence; (2) if the other party is withdrawing or retreating; and (3) you are not allowed to use force while committing a crime.
Connect With Confidence: Make the Right Call
Understanding the nuances and complexities of Indiana’s self-defense statute is essential for individuals seeking protection under the law. When claiming self-defense, although Indiana does not impose a duty to retreat, it is important to remember that the force used must be proportional and you will have to prove a reasonable belief of threat to yourself or those you were defending.
If you or someone you know has been charged with a crime of violence and you believe that a claim of self-defense would be a valid defense strategy, you need an Indiana criminal defense attorney. The attorneys at the Marc Lopez Law Firm stand ready to defend you, after you had to defend yourself.
Do not hesitate to reach out, even if self-defense would not be the best strategy for your unique circumstances, the criminal defense attorneys at The Marc Lopez Law Firm are well versed in Indiana’s criminal laws and have defended a variety of clients facing a vast number of different circumstances. Make the right call and reach out today at 317-632-3642 and remember—always plead the 5th!
“Great firm. Every person there was helping and understanding. Communication was on point as well. I would recommend these guys to anyone. I can’t thank them enough for the work they did.” – Tony
Self-Defense Laws in Indiana: A Comprehensive Guide
Self-defense holds a unique and formidable place within Indiana’s legal landscape. It can offer you a powerful and unique defense strategy that can turn the tide in your criminal cases. Indiana recognizes the right of individuals to protect themselves, others, and their property from harm. Every self-defense case is different, but the thing they all have in common is that each one involves an allegation of a crime of violence. However, just because you claim self-defense, does not mean you are in the clear.
In Indiana, self-defense laws are covered under Indiana Code § 35-41-3, but what does that look like? This guide will explore the fundamentals of self-defense laws in Indiana, deciphering the statute. Also, we’ll look at the four main parts of self-defense, the difficulties in using self-defense in court, and explain when it’s proper to use force and when it’s not.
“Communication is awesome. Best lawyers hands down. Recommend highly.” – Preston
Breaking Down Indiana’s Self-Defense Statute
The Indiana General Assembly reaffirms the right to self-defense, emphasizing the right to defend oneself and third parties from physical harm and crime. Indiana Code § 35-41-3-2, allows the use of reasonable force against an imminent threat and permits deadly force in specific situations without a duty to retreat. Indiana Code §§ 35-41-3-2(c), 35-41-3-2(d), 35-41-3-2(e), and 35-41-3-2(i) outline this:
(c) A person is justified in using reasonable force against any other person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person, employer, or estate of a person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.
(d) A person:
(1) is justified in using reasonable force, including deadly force, against any other person; and
(2) does not have a duty to retreat;
if the person reasonably believes that the force is necessary to prevent or terminate the other person’s unlawful entry of or attack on the person’s dwelling, curtilage, or occupied motor vehicle.
(e) With respect to property other than a dwelling, curtilage, or an occupied motor vehicle, a person is justified in using reasonable force against any other person if the person reasonably believes that the force is necessary to immediately prevent or terminate the other person’s trespass on or criminal interference with property lawfully in the person’s possession, lawfully in possession of a member of the person’s immediate family, or belonging to a person whose property the person has authority to protect. However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
Only if that force is justified under subsection (c).
(i) A person is justified in using reasonable force against a public servant if the person reasonably believes the force is necessary to:
(1) protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force;
(2) prevent or terminate the public servant’s unlawful entry of or attack on the person’s dwelling, curtilage, or occupied motor vehicle; or
(3) prevent or terminate the public servant’s unlawful trespass on or criminal interference with property lawfully in the person’s possession, lawfully in possession of a member of the person’s immediate family, or belonging to a person whose property the person has authority to protect.
The Four Pillars of Self-Defense
“Marc Lopez Law Firm was very instrumental in getting my life back on track. I highly recommend them.” – Allen
When self-defense is enacted as a legal defense, there are four elements that must be met. If these requirements are met, it can mean the difference between a defendant going home or spending several years behind bars.
The First Element | Acting Without Fault
The foundation to a valid self-defense claim is the assertion that you did not initiate or escalate the altercation. To prove this element, the response must be a direct reaction–using reasonable force–to a perceived threat. The principle of not being the aggressor or provocateur is crucial.
The Second Element | Being In a Place You Have the Right to Be
For self-defense to be valid, you must be in a location where you have the legal right to be. This means that if you were trespassing or in an unauthorized area, the legitimacy of a self-defense argument can be compromised. Understanding property rights and legal boundaries is central to being able to establish a valid self-defense claim.
The Third Element | Reasonable Fear
To have a solid self-defense claim, you must have had reasonable fear of bodily injury at the time of the incident. To establish the element of reasonable fear, there are two sub-components:
Objective Reasonable Fear
- You must demonstrate that a reasonable person in the same situation would have feared and believed bodily harm was possible.
- For example, you tackle someone who is swinging a crowbar at you.
Subjective Reasonable Fear
- You must genuinely and reasonably have felt and believed there was a threat to your safety.
- For example, you have a small frame and you tackled a 6’4” 300-pound man who was winding up for a punch.
Reasonable fear is very fact-sensitive. It depends greatly on the situation and the person claiming self-defense. Proving genuine and reasonable fear of bodily harm is essential in establishing a valid self-defense claim.
The Fourth “Hidden” Element | Acting in a Reasonable Manner
Although not formally recognized, the principle of proportionality is an important element of a successful self-defense claim. The level of force used must be proportional to the perceived threat. Using force beyond what is necessary, especially after the threat has diminished, can and often will undermine the legitimacy of your self-defense claim. Some common examples of going overboard – striking someone that has obviously given up or has ceased attacks.
Tying It All Together
An Indiana self-defense attorney will know how these elements overlap and how to prove them. When a claim of self-defense is carried out correctly, it can be an extremely powerful defense strategy. Essentially, the formula looks like this: a non-aggressor + in a place they are allowed to be + reasonable fear + reasonable force = a solid self-defense case.
A Duty to Retreat?
While some states have a duty to retreat in self-defense cases, Indiana is not one of those states. What does this mean? If a perpetrator is threatening you while charging and swinging their fists, you have no legal obligation to withdraw. You can plant your feet and swing right back.
Essentially, if someone is putting you in danger, the law permits you to defend yourself. Now, although you can defend yourself, the force you use must be reasonable and proportional to the force being threatened. If someone is swinging on you, and you shoot them, a self-defense claim will be very difficult to make.
“I have used their services and had an amazing outcome. Very great and professional people” – Carl
When is Force Not Justified?
Although Indiana embraces the right to self-defense and you do not have a duty to retreat, there are limitations. Indiana Code §§ 35-41-3-2(g), 35-41-3-2(h), 35-41-3-2(j), and 35-41-3-2(k) list out specific circumstances when force would not be justified:
(g) Notwithstanding subsections (c) through (e), a person is not justified in using force if:
(1) the person is committing or is escaping after the commission of a crime;
(2) the person provokes unlawful action by another person with intent to cause bodily injury to the other person; or
(3) the person has entered into combat with another person or is the initial aggressor unless the person withdraws from the encounter and communicates to the other person the intent to do so and the other person nevertheless continues or threatens to continue unlawful action.
(h) Notwithstanding subsection (f), a person is not justified in using force if the person:
(1) is committing, or is escaping after the commission of, a crime;
(2) provokes unlawful action by another person, with intent to cause bodily injury to the other person; or
(3) continues to combat another person after the other person withdraws from the encounter and communicates the other person’s intent to stop hijacking, attempting to hijack, or otherwise seizing or attempting to seize unlawful control of an aircraft in flight.
(j) Notwithstanding subsection (i), a person is not justified in using force against a public servant if:
(1) the person is committing or is escaping after the commission of a crime;
(2) the person provokes action by the public servant with intent to cause bodily injury to the public servant;
(3) the person has entered into combat with the public servant or is the initial aggressor, unless the person withdraws from the encounter and communicates to the public servant the intent to do so and the public servant nevertheless continues or threatens to continue unlawful action; or
(4) the person reasonably believes the public servant is:
(a) acting lawfully; or
(b) engaged in the lawful execution of the public servant’s official duties.
(k) A person is not justified in using deadly force against a public servant whom the person knows or reasonably should know is a public servant unless:
(1) the person reasonably believes that the public servant is:
(a) acting unlawfully; or
(b) not engaged in the execution of the public servant’s official duties; and
(2) the force is reasonably necessary to prevent serious bodily injury to the person or a third person.
Essentially, the use of force is not justified in three primary situations: (1) if you escalate the level of violence; (2) if the other party is withdrawing or retreating; and (3) you are not allowed to use force while committing a crime.
Connect With Confidence: Make the Right Call
Understanding the nuances and complexities of Indiana’s self-defense statute is essential for individuals seeking protection under the law. When claiming self-defense, although Indiana does not impose a duty to retreat, it is important to remember that the force used must be proportional and you will have to prove a reasonable belief of threat to yourself or those you were defending.
If you or someone you know has been charged with a crime of violence and you believe that a claim of self-defense would be a valid defense strategy, you need an Indiana criminal defense attorney. The attorneys at the Marc Lopez Law Firm stand ready to defend you, after you had to defend yourself.
Do not hesitate to reach out, even if self-defense would not be the best strategy for your unique circumstances, the criminal defense attorneys at The Marc Lopez Law Firm are well versed in Indiana’s criminal laws and have defended a variety of clients facing a vast number of different circumstances. Make the right call and reach out today at 317-632-3642 and remember—always plead the 5th!
“Great firm. Every person there was helping and understanding. Communication was on point as well. I would recommend these guys to anyone. I can’t thank them enough for the work they did.” – Tony