In the past year alone, approximately 330 murders were committed in the state of Indiana. Though Indiana is only ranked #17 among states with the most murders, criminal homicide rates have been steadily rising over the past few years. In fact, the city of Indianapolis was recently ranked number nine on a national list of violent cities. In order to combat crime and increase safety in the community, local Indiana police, detectives, and Deputy Prosecutors have begun focusing heavily on investigating deaths and quickly conducting arrests of suspects.
Research has shown that the vast majority of successful prosecutions involve an arrest that occurs within the first 48 hours following a murder. Indianapolis police are, therefore, intent on locating alleged suspects as fast as possible, oftentimes sacrificing the integrity of the investigation or overlooking key evidence in the process. Indianapolis murder defense attorney Chris Eskew understands that being arrested for homicide is a terrifying and anxiety-ridden process for anyone. The charges are serious, and the potential consequences can be severe
The right attorney can help you try to defend yourself, fight false allegations, uncover faulty police investigations, and clear your name. If you were charged with murder or any other type of homicide, our intelligent and devoted Indianapolis murder lawyers can begin investigating your case and developing a defense strategy. To speak with someone about your charges today, call Eskew Law at 317-576-2517 immediately. We protect your rights in and out of the courtroom.
What Is Homicide?
Homicide is the unlawful killing of another person. In the state of Indiana, homicide is a criminal offense, and it is in your best interest to consult an aggressive Indianapolis murder defense lawyer immediately if you have been charged.
There are many different types of homicide, grouped by level of culpability. Culpability is determined by the role you played in the other person’s death, your actions that led to the death, and your intent when performing the actions. There are seven types of homicide in Indiana:
- Murder: Intentionally or knowingly killing another person
- Causing suicide: Intentionally causing someone to commit suicide via deception, duress, or force
- Assisting suicide: Participating in the act of another person attempting or committing suicide
- Voluntary manslaughter: Intentionally or knowingly killing another person under sudden heat
- Involuntary manslaughter: Killing another person while attempting or committing battery or serious bodily injury
- Reckless homicide: Recklessly killing another person
- Feticide: Intentionally terminating a human pregnancy
What Is Murder?
Though many individuals equate homicide with murder, murder is but one type of homicide. Murder is the most culpable form of unlawful killing. There are four categories of murder:
- Knowingly or intentionally killing another person: This is the traditional definition of murder. You either know your actions will kill someone and proceed forward anyway, or you specifically intend to kill someone. Premeditation can form the basis for murder, though it is not required
- Killing another person while committing another felony: This can include felonies such as arson, burglary, child molestation or rape, kidnapping, robbery, carjacking, and more. Though you didn’t intend to kill someone, a death occurred. Your intent to commit the underlying felony makes you culpable for murder. For example, if you set fire to a building that has people inside and someone dies, even though you did not intend for them to die, you can be charged with both arson and murder
- Killing another person while committing or attempting to commit dealing in a controlled substance: If you are dealing a narcotic, pharmaceutical drug, or other controlled substance and kill someone while dealing, you have committed murder
- Knowingly or intentionally killing a viable fetus: If a fetus is capable of living outside of its womb, and you kill it, such as through performing an abortion, you have committed murder
If you have been charged with any of these types of murder, contact our Indianapolis lawyers right away for assistance.
What Are the Penalties for Murder in Indiana?
Other states categorize murder penalties using varying degrees, like first and second-degree. However, Indiana sets penalties for murder based on the victim’s and defendant’s age, how the victim was killed, and the circumstances surrounding the offense. Murder is punishable by 45 to 65 years in state prison and up to $10,000 in fines, though a good Indianapolis murder defense attorney can help you defend yourself to reduce or avoid penalties.
In Indiana, the death penalty is also a possibility. At least one aggravating circumstance must exist beyond a reasonable doubt. A defendant with an intellectual disability cannot qualify for the death penalty or life imprisonment. Aggravating circumstances for the death penalty include:
- The defendant hired someone to commit the murder
- Another person hired the defendant to commit the murder
- The defendant murdered the victim while attempting to commit another crime
- The defendant has a prior conviction of kidnapping, battery, or a sex crime against the victim
- The defendant attempted to mutilate, burn, or decapitate the victim
- The defendant has a prior murder conviction on their criminal record
- The defendant committed a murder on school property
- The victim was a parole officer, probation officer, judge, law enforcement officer, or fireman
- The defendant previously committed murder, even if they were not convicted
- The defendant discharged a firearm into a dwelling or vehicle
- The defendant was on probation or parole at the time of the murder
- The victim was a witness against the defendant
- The defendant dismembered the victim
- The victim was pregnant
- The victim was under 12 years of age
- The defendant killed someone by detonating an explosive
These aggravating factors can lead to increased penalties. A criminal defense attorney on our Indianapolis team will help you create a defense strategy to reduce or remove your criminal murder charges.