In the bustling crossroads of America, Indiana residents find themselves subject to a myriad of laws designed to maintain peace and ensure public safety. Among these, the law against criminal intimidation plays a crucial role in safeguarding individuals’ well-being while fostering a secure community environment.
In order to understand the nuances of these particular statutes, it’s important to consult with an experienced Indiana criminal lawyer. This is true if you’re an average, law-abiding Hoosier, but especially if you find yourself on the wrong end of a criminal charge.
Defining Criminal Intimidation
In the State of Indiana, there are four ways you can be charged with intimidation, which starts as a Class A misdemeanor, carrying a maximum penalty of 365 days in jail and a $5,000 fine.
First, there’s communicating a threat with the intent that another person engage in conduct against the other person’s will. If you’re using threats to try and get someone to do something they don’t want to do, any Indiana criminal lawyer will tell you that’s against the law.
It’s also considered intimidation if you communicate a threat with the intent that another person be placed in fear of retaliation for a prior lawful act. If someone has done something that they’re legally allowed to do, you can’t tell them you’ll be seeking revenge.
The third possibility involves communicating a threat with the intent of either interfering with the occupancy of a dwelling, building, other structure, or vehicle or with causing a dwelling, building, other structure, or vehicle to be evacuated. Phoning in a false bomb threat would be the classic example here.
Finally, a person can be charged with intimidation for communicating a threat with the intent that another person be placed in fear that the threat will be carried out, provided that the threat is described in the Indiana Code. Indiana defines threat as an expression, by words or action, of an intention to:
- unlawfully injure the person threatened or another person, or damage property;
- unlawfully subject a person to physical confinement or restraint;
- commit a crime;
- unlawfully withhold official action, or cause such withholding;
- unlawfully withhold testimony or information with respect to another person’s legal claim or defense, except for a reasonable claim for witness fees or expenses;
- falsely harm the credit or business reputation of a person; or
- cause the evacuation of a dwelling, building, other structure, or vehicle.
The charges, of course, can increase along with the seriousness of the threats.
Forcible Threats and Felony Charges
There are five ways you can be charged with intimidation as a Level 6 felony, which carries a maximum penalty of two and a half years in prison and a $10,000 fine. No one should face felony charges in court without at least speaking to an Indiana criminal lawyer.
First, there are situations where criminal intimidation involves the threat of committing a forcible felony. Indiana defines forcible felony as a felony that involves the use or threat of force against a human being, or in which there is imminent danger of bodily injury to a human being.
Then there are cases where the threatening behavior concerns a criminal witness or their family members. Threatening a witness or their family is an automatic felony.
Next, there is the possibility of the threat being communicated because of the occupation, profession, employment status, or ownership status of a person or that the threat relates to or is made in connection with the occupation, profession, employment status, or ownership status of a person. Intimidating a person based on some sort of legal status they hold is not taken lightly in the State of Indiana.
Finally, a felony charge can also result if you have a prior unrelated conviction for threatening or intimidating the same victim or if the threat is communicated using property, including electronic equipment or systems, of a school corporation or other governmental entity.
Speaker’s Intent vs. Listener’s Perception
It’s important to understand how Indiana’s laws on intimidation favor the perception of the alleged victim over the intent of the defendant. The State is always going to prioritize the victim’s feelings of safety and security.
Remember, the intent requirement for criminal intimidation does not require the prosecutor to prove that you were willing to make good on your threats. All the State needs to show is that you used a threat to try and coerce or frighten someone. This is why an overheated, exaggerated statement like I’m going to kill you is potentially enough for the State to file a felony intimidation charge.
Make the Right Call
If you find yourself facing intimidation charges, you need to speak to an experienced Indiana criminal lawyer. The Marc Lopez Law Firm handles cases like these every day. Give us a call at 317-632-3642 and remember—always plead the 5th!
