In many states, the crime of assault means an intentional act that causes another person to fear imminent bodily harm, even if no physical attack occurs. Indiana does not recognize assault as a standalone offense. Instead, there is the crime of intimidation, which can be a misdemeanor or a felony depending on the nature and level of the threat and the identity of the victim.
Under Indiana Code Section 35-45-2-1, a person commits intimidation when they communicate a threat with the intent to do any of the following:
- Force another person to act against their will.
- Prevent a person from engaging in a lawful act.
- Induce fear of retaliation for a previous lawful action.
- Cause a building, place of assembly, or vehicle to be evacuated.
The law penalizes threats to unlawfully injure another person, to damage property, to commit a crime, to accuse someone of a crime or to expose a person to hatred, disgrace or contempt.
The basic offense of intimidation is a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $5,000. However, the crime becomes a Level 6 felony in any of these circumstances:
- The threat is made while drawing or using a deadly weapon.
- The target of the threat is a law enforcement officer, witness, school employee or judicial officer.
- The intimidation is made as a means of retaliating for an official act.
- The threat causes the evacuation of a building, school or transportation facility.
A Level 6 felony is punishable by six months to two and a half years in prison and a fine of up to $10,000.
Intimidation is elevated to a Level 5 felony if it involves threats of serious bodily injury or is directed at certain protected persons, such as a judge, law enforcement officer or school employee while they are performing official duties. This is punishable by one to six years in prison and a fine of up to $10,000.
Given the broad definition of threats under the statute, if you’ve been charged with intimidation you should seek out a qualified criminal lawyer to explore potential defenses that may lessen legal consequences. Several defenses may be raised against an intimidation charge, including these:
- No true threat — The First Amendment protects speech, including strong or offensive language. If the statement was vague or did not indicate an immediate intent to act, or if the statement was a joke, exaggerated or made in a non-serious manner, the charge may not stand.
- Self-defense or justification — If the defendant made a threat in response to imminent harm or as a means of lawful self-defense, this could serve as a defense.
- False accusation — If the alleged victim misinterpreted or fabricated the threat, the defendant may provide evidence to challenge the credibility of the claims.
A capable attorney can help individuals present the strongest defense possible in your behalf, which may involve negotiating for reduction of charges and penalties.
The Law Office of Ryan E. Lackey in Fort Wayne provides effective criminal defense to residents of Allen and neighboring counties in Indiana. Call 260-222-7364 or contact us online for a free initial consultation.
