Under Indiana law, what exactly is a deadly weapon? Oftentimes, criminal charges can be enhanced or increased if the crime was committed using a deadly weapon. In domestic violence cases, for example, the charge begins as a Class A misdemeanor, however, if it was committed using a deadly weapon, the charge is automatically increased to a Level 5 felony. In this blog, we will go through the nuances of the Indiana Code, the legality of possessing deadly 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 is easy to think of the usual suspects 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 could be a deadly weapon. From everyday household items like spoons and bricks to vehicles, the classification of a deadly weapon depends on the context in which it is used.
In Indiana, the term “deadly weapon” is defined in Indiana Code § 35-31.5-2-86 as any of the following:
(1) “A loaded or unloaded firearm.
(2) A destructive device, weapon, device, taser (as defined in IC 35-47-8-3) or electronic stun weapon (as defined in IC 35-47-8-1), equipment, chemical substance, or other material that in the manner it:
(A) is used;
(B) could ordinarily be used; or
(C) is intended to be used;
is readily capable of causing serious bodily injury.
(3) An animal (as defined in IC 35-46-3-3) that is:
(A) readily capable of causing serious bodily injury; and
(B) used in the commission or attempted commission of a crime.
(4) A biological disease, virus, or organism that is capable of causing serious bodily injury.”
While this may initially look complex, at the end of the day, a deadly weapon is essentially anything that could pose as capable of causing serious bodily injury or death. This broad interpretation emphasizes the importance of understanding the context in which an object is used, as it can significantly impact the legal consequences.
Pets as Deadly Weapons
In an intriguing twist, animals, including pets, can also be considered deadly weapons under specific circumstances. While owning a pet is not inherently illegal, any animal capable of causing serious bodily injury that is used in the commission or attempted commission of a crime is categorized as a deadly weapon. This is particularly evident in cases of dog attacks, where the owner may not only be liable for damages but could also face criminal charges such as battery with a deadly weapon.
Vehicles as Deadly Weapons
One point of contention is whether an automobile can be classified as a deadly weapon. While a car itself is clearly not illegal to own or operate and may not be inherently deadly, if used with the intent to cause harm, in the eyes of the law it transforms into a deadly weapon. For example, if the car is used in an attempt to run someone over, the law would classify the automobile as a deadly weapon.
If you get into an automobile accident and cause injury to the other party, however, the law does not automatically see the automobile as a deadly weapon. This context specific shift can escalate legal consequences and significantly impact the charges you could be facing. It is important to understand the context of the situation and secure legal representation if you or someone you know is facing such charges.
Legislative Changes
In 2022, Indiana enacted a new Constitutional Carry Law (Indiana Code § 35-47-2-1) under House Bill 1296. This new law streamlined the process for law-abiding citizens to carry a handgun in public. Any Indiana resident who is 18 and meets the requirements of a “proper person” as outlined in Indiana Code § 35-47-1-7, is eligible to purchase a gun from a licensed dealer. A “proper person” cannot have any felony convictions, domestic battery convictions, or pending felony charges. As a result, it is important to note that the possession of a deadly weapon itself is not inherently illegal in Indiana.
The Legal Implications
The implications of using a deadly weapon in the commission or attempted commission of a crime are significant. When the situation takes a serious turn, charges quickly escalate. For example, the use of weapons in a domestic violence incident is particularly dangerous. Indiana Code § 35-42-2-1.3 stipulates that using a weapon can lead to a Level 5 felony charge. This is a very serious charge, carrying a maximum penalty of six years in jail. This escalation drastically increases the potential of serving years of incarceration in the Indiana Department of Corrections.
Don’t Delay, Reach Out Today
Whether you’re facing criminal charges or seeking clarity on your rights, our team at The Marc Lopez Law Firm is dedicated to helping you navigate the legal landscape with confidence.The criminal defense attorneys at the Marc Lopez Law Firm are committed to tailoring a strong defense strategy based on your unique circumstances. Our goal is to get you the best possible outcome for your case. Understanding the nuances of deadly weapons under Indiana law is crucial for making informed decisions. Remember, you do not have to face the charges alone. The attorneys at the Marc Lopez Law Firm are well versed in the intricacies of the Indiana Law.
If you or someone you know is facing criminal charges regarding the use of a deadly weapon or require legal representation for other criminal charges, do not hesitate to reach out. Call us today at 317-632-3642 and remember—always plead the 5th!