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  • Writer's pictureBrandon Hicks

35-45-2-1 Intimidation Charges in Indiana: B. Hicks Law Can Help

When facing legal trouble, it's crucial to have a knowledgeable and experienced criminal defense attorney on your side. In the state of Indiana, the law defines certain offenses related to intimidation, and understanding these laws is vital. B. Hicks Law is here to provide you with the expertise and guidance you need to navigate through the complexities of criminal cases, especially those involving intimidation.

Understanding Indiana's Intimidation Laws

In Indiana, the legal code concerning intimidation can be found under IC 35-45-2-1. Intimidation is a serious offense, and the law outlines different circumstances under which it can occur. Let's break down the key elements of the statute:

1. Types of Intimidation

(a) Class A Misdemeanor Intimidation

Under subsection (a) of IC 35-45-2-1, intimidation is classified as a Class A misdemeanor when a person communicates a threat with the intent to:

  1. Force another person to engage in conduct against their will.

  2. Place another person in fear of retaliation for a prior lawful act.

  3. Cause the evacuation of a dwelling, building, or vehicle.

  4. Interfere with the occupancy of a dwelling, building, or vehicle.

  5. Place another person in fear that the threat will be carried out if the threat falls under certain categories outlined in subsection (c)(1) through (c)(5) or subsection (c)(7) through (c)(8).

(b) Felony Intimidation

The offense can be elevated to a Level 6 felony under certain conditions:

  1. The threat is to commit a forcible felony.

  2. The threat is directed towards a witness (or their spouse or child) in a pending criminal proceeding.

  3. The threat is made due to a person's occupation, profession, employment status, or ownership status.

  4. The person has a prior unrelated conviction for an offense under this section concerning the same victim.

  5. The threat is communicated using property, including electronic equipment or systems, of a school corporation or other governmental entity.

Additionally, if the person draws or uses a deadly weapon while committing intimidation, it becomes a Level 5 felony. The same applies if the threat is directed towards judicial officers, bailiffs, prosecuting attorneys, or deputy prosecuting attorneys and relates to their status or official duties or if the threat is related to terrorism or an act of terrorism.

2. Definition of Threat

The law defines a "threat" as an expression, by words or action, of an intention to:

  1. Unlawfully injure a person or another person or damage property.

  2. Unlawfully subject a person to physical confinement or restraint.

  3. Commit a crime.

  4. Unlawfully withhold official action or cause such withholding.

  5. 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.

  6. Expose the person threatened to hatred, contempt, disgrace, or ridicule.

  7. Falsely harm the credit or business reputation of a person.

  8. Cause the evacuation of a dwelling, building, another structure, or a vehicle.

3. How B. Hicks Law Can Help

When you or a loved one is facing intimidation charges, having a skilled legal team on your side can make all the difference. B. Hicks Law is a dedicated criminal defense law firm with extensive experience in handling cases involving intimidation and other criminal offenses in Indiana.

Our legal experts are well-versed in Indiana's legal code, and we have a successful track record of defending clients against intimidation charges. We understand the nuances of the law, the potential consequences, and the most effective defense strategies to employ.

We will work diligently to protect your rights, build a strong defense, and strive for the best possible outcome in your case. Whether you're facing a misdemeanor or felony intimidation charge, our team is here to provide the legal support you need.

Contact B. Hicks Law Today

If you or someone you know is dealing with intimidation charges in Indiana, don't hesitate to reach out to B. Hicks Law. Our experienced criminal defense attorneys are ready to assist you, providing personalized legal guidance and fighting tirelessly on your behalf. Contact us today for a consultation and take the first step toward a strong defense.

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