If you’ve been charged with criminal confinement in the State of Indiana, it’s important to contact an experienced defense attorney as soon as possible. The consequences of criminal charges can feel overwhelming, but it’s important to know that help is just a phone call or a click away.
What Is Criminal Confinement?
If you’re unfamiliar with the concept of criminal confinement, think of kidnapping. The Indiana Code states that kidnapping occurs when a person knowingly or intentionally removes another person—by fraud, enticement, force, or threat of force—from one place to another.
Criminal confinement is a very close cousin to kidnapping, but without any movement involved. In the State of Indiana, criminal confinement is when a person knowingly or intentionally confines another person without the other person’s consent. If you take another person against their will, that’s kidnapping. If you keep another person against their will, it’s criminal confinement.
The Indiana Code gives a broad definition of the word confine, stating that it means to substantially interfere with the liberty of a person. This can mean physical restraint or confinement within a space that prevents the individual from leaving. Criminal confinement starts as a Level 6 felony, which carries a maximum penalty of two and a half years in prison and a $10,000 fine.
Things can get worse, depending on the details. A person can be charged with a Level 5 felony if:
- the person confined is less than 14 years of age and is not the confining person’s child;
- the confinement is committed using a vehicle; or
- the confinement results in bodily injury to a person other than the confining person.
Bodily injury is generally not very difficult to establish, so it’s unfortunately very easy for a confinement charge to become a Level 5 felony, which carries a maximum penalty of six years in prison and a $10,000 fine.
The Role of a Criminal Defense Lawyer
Facing criminal confinement charges can be an intimidating experience. This is why you need someone in your corner, looking out for your best interests. Sometimes an experienced Indiana criminal lawyer can make all the difference. What can they offer?
Legal guidance: An experienced Indiana criminal lawyer has an in-depth understanding of the law and its subtleties. They can lead you through the process and advise you about common mistakes and things to watch out for.
The best possible criminal defense: A good defense attorney will investigate all aspects of the charges against you, gather evidence, and advise you about the best way to move forward. If there’s a weakness in the State’s case, going to trial might be the best strategy.
A favorable plea agreement: If the State has an especially strong case, it might be time to pursue other options. A negotiated plea deal is almost always going to be more favorable than the sentence you’d receive if you simply showed up to a hearing and entered a guilty plea.
A defense of your constitutional rights: Sometimes defending a person against criminal charges means defending their constitutional rights against State violation. In many cases, the best defensive option can come from recognizing when the police have done something wrong.
The Value of Experience
When it comes to navigating the complexities of the criminal justice system, experience matters. An experienced Indiana criminal lawyer brings invaluable understanding, insight, and strategic thinking to your case. They can guide you through the nuances of the law and can use this knowledge to design the best possible defense strategy.
Make the Right Call
The Marc Lopez Law Firm handles Indiana criminal cases every day. If you or someone you love is facing criminal confinement charges, you need to consult with an experienced defense attorney as soon as possible. Give us a call at 317-632-3642 and remember—always plead the 5th!
