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  • Writer's pictureBrandon Hicks

IC 35-44.1-3-7 - Possession of a Dangerous Device While Incarcerated

At B. Hicks Law, we understand the importance of safeguarding your rights and providing expert legal defense in a variety of criminal cases. One such case involves IC 35-44.1-3-7, which deals with the possession of a dangerous device while incarcerated in a penal facility. In this blog post, we will delve into the details of this law, explain its implications, and shed light on the potential consequences for those charged with this offense.

Understanding IC 35-44.1-3-7:

IC 35-44.1-3-7 outlines the specific circumstances and consequences of possessing a dangerous device while incarcerated. The law states that a person who knowingly or intentionally possesses a device, equipment, a chemical substance, or other material in a penal facility, with the intent to use it in a manner that can readily cause bodily injury, commits a Level 5 felony. However, if the device, equipment, chemical substance, or other material is classified as a deadly weapon, the offense is elevated to a Level 4 felony.

Key Elements of the Law:

  1. Knowingly or Intentionally: To be charged under this law, the prosecution must prove that the individual knowingly or intentionally possessed the dangerous device. This means that mere accidental possession does not constitute an offense.

  2. Readily Capable of Causing Bodily Injury: The law focuses on whether the item in possession is readily capable of causing bodily injury. This assessment may involve various factors, including the item's design and intended use.

  3. Classification as a Deadly Weapon: The offense becomes more severe if the device, equipment, chemical substance, or other material is considered a deadly weapon. This can result in more significant legal consequences for the accused.


If convicted under IC 35-44.1-3-7, here are the potential penalties:

  • For a Level 5 felony: The accused may face imprisonment for a term of one to six years and a fine of up to $10,000.

  • For a Level 4 felony: The accused may face a more severe sentence, which can include imprisonment for a term of two to twelve years and a fine of up to $10,000.

Why You Need Legal Representation: If you or someone you know is facing charges under IC 35-44.1-3-7, it is crucial to seek expert legal representation. The implications of a felony conviction can be life-altering, affecting your freedom, employment prospects, and overall future. At B. Hicks Law, we have a proven track record of defending individuals facing a wide range of criminal charges, including those under IC 35-44.1-3-7. Our experienced attorneys will work diligently to protect your rights, build a strong defense, and strive for the best possible outcome in your case. Understanding the intricacies of Indiana's criminal laws, such as IC 35-44.1-3-7, is essential when facing potential charges. If you are confronted with a possession of a dangerous device while incarcerated case, don't hesitate to contact B. Hicks Law. We are committed to providing effective legal representation, ensuring that your rights are protected throughout the legal process. Our experienced criminal defense attorneys are here to help you navigate this challenging situation and work toward a favorable resolution. Contact B. Hicks Law today to schedule a consultation with our skilled legal team and receive the guidance and support you need during this difficult time.

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