An Indiana criminal confinement charge is a serious felony, that results in some very serious consequences. At The Law Office of Indianapolis criminal defense lawyer Jesse K. Sanchez, we are well aware that in many cases there are innocent people who are wrongly accused of crimes they did not commit. In the area of criminal confinement, there are a number of scenarios that are often viewed as criminal confinement under the law.
For example, a spouse may claim that he or she is the victim of confinement in conjunction with a domestic violence offense. Regardless of whether the accusation of criminal confinement is legitimate or fabricated, it is important that you have a capable defense lawyer on your side. Just call our office at (317) 721-9858 or email [email protected].
Indiana Criminal Confinement Statute
Indiana makes a very clear distinction as to what constitutes as criminal confinement. Please see the Indiana law regarding what is criminal confinement.
(a) A person who knowingly or intentionally confines another person without the other person’s consent commits criminal confinement. Except as provided in subsection (b), the offense of criminal confinement is a Level 6 felony.
(b) The offense of criminal confinement defined in subsection (a) is:
(1) a Level 5 felony if:
(A) the person confined is less than fourteen (14) years of age and is not the confining person’s child;
(B) it is committed by using a vehicle; or
(C) it results in bodily injury to a person other than the confining person;
(2) a Level 3 felony if it:
(A) is committed while armed with a deadly weapon;
(B) results in serious bodily injury to a person other than the confining person; or
(C) is committed on an aircraft; and
(3) a Level 2 felony if it is committed:
(A) with intent to obtain ransom;
(B) while hijacking a vehicle;
(C) with intent to obtain the release, or intent to aid in the escape, of any person from lawful incarceration; or
(D) with intent to use the person confined as a shield or hostage.
Potential Defenses to Criminal Confinement
Just because you have been charged with criminal confinement, does not necessarily mean that you don’t have any defenses to the charge. Some common defenses that are used for criminal confinement charges are as follows:
- Shopkeepers privilege
- Voluntary consent to confinement
- Legal authority
- Justification of arrest
- Restraint of a minor