Criminal confinement is a topic that often comes up in cases related to domestic violence or battery. If you find yourself in a situation where you’re facing charges of confinement, an Indiana criminal lawyer can help you to understand the potential consequences.
Battery occurs when a person knowingly or intentionally touches another person in a rude, insolent, or angry manner, or when a person knowingly or intentionally and in a rude, insolent, or angry manner places any bodily fluid or waste on another person.
Domestic battery is simply battery committed against a family or household member. Click here to read more about the distinction between domestic battery and a crime of domestic violence.
What is Confinement?
In the State of Indiana, criminal confinement occurs when a person knowingly or intentionally confines another person without the other person’s consent. This can happen in domestic disputes or heated arguments, where one person refuses to let the other person leave. It can be as simple as grabbing someone’s wrist or even blocking their path by standing in the doorway. In the eyes of the law, it’s a crime to prevent someone from trying to leave.
It’s a Felony, but What Level?
In Indiana, criminal confinement starts as a Level 6 felony, which carries a maximum sentence of two and a half years in prison and a $10,000 fine. Depending on the specific circumstances surrounding the confinement, the severity of the charge can escalate pretty quickly.
In most instances, criminal confinement is likely to be charged as a Level 6 felony or a Level 5 felony. A Level 5 felony carries a maximum penalty of six years in prison and a $10,000 fine, and it can be charged in the following criminal confinement scenarios:
- if the person confined is less than 14 years of age and is not the confining person’s child;
- if the confinement is committed by using a vehicle; or
- if the confinement results in bodily injury to a person other than the confining person.
“Bodily injury” means any impairment of physical condition, including physical pain.
Higher Level Felonies
In certain situations, a charge for criminal confinement can be elevated to a Level 4 felony, a Level 3 felony, or even a Level 2 felony. Anyone facing felony criminal charges needs to speak to an experienced Indiana criminal lawyer as soon as possible.
Criminal confinement rises to a Level 4 felony if it results in moderate bodily injury to a person other than the confining person. “Moderate bodily injury” means any impairment of physical condition that includes substantial pain. A Level 4 felony carries a maximum penalty of 12 years in prison and a $10,000 fine.
You can be looking at a Level 3 felony charge if the confinement:
- is committed while armed with a deadly weapon;
- results in serious bodily injury to a person other than the confining person; or
- is committed on an aircraft.
Under Indiana law, the term deadly weapon means 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’s used, could ordinarily be used, or is intended to be used, is readily capable of causing serious bodily injury.
An animal is also a deadly weapon if it is readily capable of causing serious bodily injury and is used in the commission or attempted commission of a crime. A biological disease, virus, or organism can also qualify if it’s capable of causing serious bodily injury.
Serious bodily injury means bodily injury that creates a substantial risk of death or that causes serious permanent disfigurement, unconsciousness, extreme pain, permanent or protracted loss or impairment of the function of a bodily member or organ, or loss of a fetus.
A Level 3 felony carries a maximum penalty of 20 years in prison and a $10,000 fine.
In certain extreme circumstances, a charge for criminal confinement can be elevated all the way to a Level 2 felony, but this is pretty rare. Level 2 felony confinement is committed in the following scenarios:
- with intent to obtain ransom;
- while hijacking a vehicle;
- with intent to obtain the release, or intent to aid in the escape, of any person from lawful incarceration; or
- with intent to use the person confined as a shield or hostage.
A Level 2 felony carries a maximum penalty of 30 years in prison and a $10,000 fine.
Make the Right Call
Given the gravity of the situation and the potential prison time associated with confinement charges, it’s crucial to consult with a knowledgeable Indiana criminal lawyer. The Marc Lopez Law Firm is here to help, so give us a call at 317-632-3642 and remember—always plead the 5th!