What to Know About Murder Charges in Indiana

What is Murder in Indiana?

According to the Indiana Legislature, murder is defined as the unjustified and unexcused killing of a human by another human.

What Crimes Are Considered Murder? 

As stated, murder is the unjustified killing of another person. Many recognized types of murder are classified based on intent, the defendant’s role, and how the action resulted in death.

The main types of murder include:

• Assisting suicide: Providing the physical means necessary for a successful suicide for a person attempting to commit the action
• Causing suicide: Intentionally forcing an individual to commit suicide through force, duress, or deception
• Involuntary manslaughter: Killing another human while attempting or committing
• A Class A misdemeanor and posing an inherent risk of serious bodily harm
• A Level 5 or Level 6 felony and posing an inherent risk of serious bodily injury
• Battery
• Voluntary Manslaughter: Intentionally or knowingly killing another human or fetus under sudden heat, more commonly known as extreme emotional distress
• Reckless homicide: Recklessly killing another human
• Feticide: Intentionally or knowingly terminating a pregnancy for reasons other than removing a dead fetus or having a live birth
• Murder:
• Intentionally or knowingly killing another person.
• Killing a person while attempting to commit or committing child molestation, arson, burglary, rape, consumer product tampering, human trafficking, criminal deviate conduct, kidnapping, child sex trafficking, or promotion of child sex trafficking, car-jacking, robbery, human labor trafficking, sex trafficking of a younger child, or human sex trafficking
• Killing a person while attempting to commit or committing the manufacturing or dealing of cocaine or other narcotic drug, dealing a controlled substance, manufacturing methamphetamine, or dealing methamphetamine.
• Intentionally or knowingly killing a fetus except as excluded under Indiana Code 35-42-1-6.5.

What are the Recognized Felony Levels and Their Penalties?

Indiana felonies are categorized by number, with “1” being the most severe and “6” being the least severe. Murder is considered its own classification and has the largest penalty of all felony levels. The following penalties are only sentencing guidelines and may be higher or lower, given the unique circumstances of each case.

• Murder: Sentencing ranging from 45 years to 65 years, with the possibility of the death penalty or life without parole
• Level 1 felony: Includes crimes such as neglect of a dependent causing death and attempted murder with sentencing ranging from 20 to 40 years in prison and a fine of up to $10,000
• Level 2 felony: Includes crimes such as manslaughter with sentencing ranging from 10 to 30 years
• Level 3 felony: Includes crimes such as aggravated battery with sentencing ranging from three to 16 years
• Level 4 felony: Includes crimes such as arson and certain drug offenses with sentencing ranging from 2 to 12 years
• Level 5 felony: Includes lesser drug offenses and theft with sentencing ranging from 1 to 6 years
• Level 6 felony: Includes auto theft and DUI with prior convictions with sentencing ranging from 6 months to 2.5 years

What are Aggravating Factors?

Aggravating factors are circumstances that may warrant a steeper penalty or sentencing and include:

• The injury suffered by the victim of an offense was significant and greater than the elements necessary to prove the commission of the offense.
• The offender has a history of criminal or delinquent activity.
• The victim was less than 12 years of age or 65 years of age or older when the crime was committed.
• The offender committed a crime of violence and knowingly committed the offense in the presence or within hearing of an individual who was under 18 years of age but not the victim of the crime.
• The offender violated a protective order, a workplace violence restraining order, or a no-contact order to commit the crime.
• The offender recently violated probation or parole.
• The victim was disabled or mentally or physically infirm.
• The offender was in a position of care, custody, or control of the victim.
• The injury or death was due to shaken baby syndrome.
• The offender threatened to harm the victim or a witness to the crime if the victim reported the crime.
• The offender committed trafficking with an inmate and is an employee of the penal facility.

What are Common Defenses to Murder Charges?

Each case is unique based on the surrounding circumstances. The best defense should be thoroughly discussed with an attorney at Eskew Law, LLC. Possible defenses include:

• Illegal search and seizure: Illegal search and seizure occur when law enforcement enters a premises without a warrant or when a warrant is issued without probable cause. Evidence submitted that was gathered in this way is inadmissible.
• Self-defense: If the offender believed themselves or others to be in danger and used equal force to defend themselves, then a self-defense claim may be used.
• Alibi: If an alleged offender has proof of being in a different physical place at the time of the crime, then an alibi can be provided as proof of innocence.
• Accidental killing: If an alleged offender can prove a lack of intent to kill the victim and the death was an accident, the charge may be reduced to involuntary manslaughter.

Do You Need an Attorney? 

Murder charges are tried and penalized as one of the most severe crimes in the state. If you have been accused of murder, your future and your life depend on strong legal counsel. Safeguard your future today and call Eskew Law, LLC, or complete a contact form to schedule a free consultation.