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Indiana Pointing a Firearm Attorney
Gun charges can be the most frustrating charges to receive because they often appear to be impossible to defend but aggressive Indianapolis gun crimes lawyer Chris Eskew is here to help. Many individuals arrested for violating Indiana’s numerous gun provisions such as pointing a firearm or carrying without a license see their cases as lose-lose situations and allow themselves to be pushed into unfavorable plea bargains by defense attorneys with little vested interest in their cases. While this may be the reality for some, it may not be the reality for you.
Eskew Law provides a unique experience for clients. We do not serve up cheesy gimmicks, corny commercials, or catchy slogans. Our brand is founded solely on our reputation for providing clients with excellent service. Our team of passionate Indianapolis criminal defense attorneys is incredibly enthusiastic about criminal law. In addition, we care deeply about our clients. Because we develop close relationships with all of our clients, we develop a vested interest in the outcome of their cases, above and beyond simply pursuing a paycheck. This allows us to approach each case with zest and zeal in the quest for helping our clients realize their goals and desired outcomes. We customize our representation based on your shared needs and interests, and we tailor our defense strategy based on the unique facts and circumstances of your case. To learn more about how Eskew Law can make a difference, call us today at (317) 974-0177 to schedule an appointment.
Outstanding service! I couldn't be happier with the results.
Pointing a Firearm at Another Person
Under Section 35-47-4-3 of the Indiana Code, it is against the law to point a firearm at another person. A firearm is a gun capable of shooting bullets. It includes:
- Machine guns
- Automatic and semi-automatic guns
- Submachine guns
- Single-action pistols
While many Indiana laws, like carrying a handgun without a license, are based solely on handguns, this statute forbids pointing any type of gun at another human being. You must knowingly or intentionally point the firearm.
Pointing a firearm at another person is a Level 6 felony, which is punishable by a minimum of 0.5 years in state prison and a maximum of 2.5 years in state prison, with an advised sentence of one year. In addition, up to $10,000 in fines may be assessed.
However, if the gun is not loaded, the offense becomes a Class A misdemeanor, which is punishable up to one year in county jail and up to $5,000 in fines.
Exceptions and Defenses
Every case is different, so there is no one-size-fits-all solution to pointing a firearm charges. With that said, the law does recognize a variety of defenses, all which our Indianapolis criminal defense lawyers are well-versed in. Potential defenses include:
- You did not know the gun was a real firearm
- You did not know you were pointing the gun at a person
- You did not intend to point the gun in the direction of another person
- You never pointed the gun
- There was not another person present
- You were a police officer acting within the scope of your employment
- You were justified in using reasonable force because you were acting in self-defense
Fight Gun Charges with a Team of Devoted Indianapolis Gun Crimes Lawyers on Your Side
At Eskew Law, it is the job of our legal team to utilize every tool in our arsenal to help you negotiate for reduced or dismissed charges, show the government is unable to prove its case or champion for your innocence. We take this privilege and responsibility seriously for all of our clients throughout Indianapolis and Central Indiana. To schedule a consultation, call our Indianapolis law firm at (317) 974-0177 today.
Can a Felon Go to a Shooting Range in Indiana?Published in Criminal Law by Chris Eskew on Jun 22, 2023.
Legally, no.18 U.S. Code § 922 - Unlawful acts prohibits the possession of a firearm by any felon—someone who has been “convicted in any court of a crime punishable by im...Read more
Everything You Need to Know About Indiana’s Concealed Carry LawPublished in Criminal Law by Chris Eskew on Sep 19, 2021.
Indiana Concealed Carry Law Indiana’s concealed carry license permits both open and concealed carry of handguns. The statutes are mute in regard to long guns. You d...Read more
Ask Eskew Law: I want to keep a gun in my car. Do I need a permit?Published in Criminal Law by Carey York on Aug 29, 2023.
Q: I want to keep a handgun in my car. Do I need a permit? A: The short answer is no; you do not need a permit to carry a handgun in Indiana – if you meet certain criter...Read more