Indianapolis gun crimes occur frequently. However, gun crimes in Indiana are strictly prosecuted, and prison sentences are common for a violent felony. A common Indiana gun crime is pointing a gun at another person, and other serious firearms offenses. When faced with an Indianapolis gun charge, you should say as little as possible to the police and get a proven attorney immediately.
The stellar Indiana criminal defense attorneys at Gemma & Karimi have acquired an outstanding record of reducing, dismissing, and not-guilty verdicts on firearm related charges. Contact our Indianapolis criminal defense attorney immediately at (317) 602-5970 for a free case evaluation.
What is Pointing a Firearm at Another Person?
In Indiana, it is a crime to point a gun at someone else, and if the act was performed intentionally or knowingly, it can lead to a criminal recklessness charge. The law states that this Indiana gun crime involves doing an act that creates a risk of bodily injury to another party. If the act involves a firearm, these gun crimes can be charged as a felony.
Furthermore, if the gun was pointed to cause fear of harm, it could lead to an intimidation charge. This Indiana gun charge is separate. Depending on the situation, such as whether the firearm was loaded, used in public, or discharged, the severity of the crime could increase.
Facing criminal charges in Indianapolis?
Call our Indiana Criminal Defense attorney at (317) 676-4747 or fill out our online contact form today to schedule a free consultation!
Indiana Firearms Laws and Regulations
Indiana has several gun crimes laws and regulations to be aware of if you are a gun owner:
- Carrying firearms: It is generally legal to carry a handgun without a permit in Indiana if you are 18 or older and not prohibited from possessing guns.
- Ownership and purchase: You do not need a gun permit in Indiana, but you must pass a federal background check. Also, a handgun owner must be at least 21 to buy from a dealer, and 18 to buy from a private party. You must be 18 or older to buy a rifle or shotgun.
- Possession of a firearm restrictions: Machine guns, sawed-off shotguns, and armor-piercing ammunition are illegal in Indiana, for the most part.
Types of Firearm Offenses And Penalties For Firearm Crimes
If pointing a loaded gun at another person leads to a criminal recklessness charge, it could be a Level 6 felony. If convicted, you face six months to 2.5 years in jail and a maximum fine of $10,000. If the gun was unloaded, you face a Class A misdemeanor and up to a year in prison and a $5,000 fine.
Additional Indiana gun crimes offenses include:
- Unlawful possession of a firearm by a serious violent felon: This Indiana gun crime may apply if you have a prior conviction, such as murder, rape, or battery, and is a Level 4 felony. Penalty is two to 12 years in prison and a $10,000 fine.
- Possession of a firearm by a domestic batterer: This Indiana weapons offense means intentionally or knowingly possessing a gun after you were convicted of domestic battery. A Class A misdemeanor may lead to a year in jail and a $5,000 fine.
- Carrying a gun without a license: Permitless carry passed statewide in July 2022, but the crime may still apply on specific properties. It is a Class A misdemeanor and may result in a year in jail and a $5,000 fine. Also, this crime is a Level 5 felony if it was on school property or within 500 feet of it, or on a school bus. A felony conviction results in one to six years and a $10,000 fine.
- Possession of a machine gun: You must have federal registration to possess a machine gun in the US. If unloaded, it’s a Level 5 felony with one to six years in prison and a $10,000 fine. A loaded machine gun is a Level 4 felony with two to 12 years in prison and a $10,000 fine.
Defending Against Firearms Charges
Whether you are a former, serious violent felon or have no criminal history, your criminal defense attorney may rely on one or more of these defenses to fight your weapons offense or serious violent felony:
- Self-defense: Suppose you pointed a gun at another person in self-defense. You may argue that you acted to protect yourself from imminent harm. An immediate threat must exist, and the response has to be proportionate.
- Lack of intent: Many Indiana gun crimes require proof that you intended to cause harm or threaten someone. If pointing the gun at a person was an accident, the prosecutor may have difficulty convicting you. In this situation, your attorney may move to dismiss the case or negotiate to a less charge.
- Illegal search and seizure: The US Constitution prevents law enforcement officers from engaging in unlawful searches and seizures. If the police obtain evidence, such as the gun, illegally, it is not admissible in court in many cases.
- Mistaken identity: The prosecutor must prove you committed the Indiana gun crime. If your criminal defense attorney raises a reasonable doubt that you were the person, there could be a case dismissal or a not-guilty verdict.
- Lawful possession: Indiana gun laws changed in 2022 when permitless gun carry was passed. You may have a strong defense if you are charged with not having a gun permit.
- Duress or necessity: You could argue that you pointed a gun to avoid harm or because there was coercion.
Contact A Pointing A Firearm Lawyer In Indiana Now
Gun crimes in Indiana are taken seriously. For example, you pointed a gun at someone and were charged with a crime. It’s scary to realize that the state could deprive you of your freedom if convicted. However, a highly skilled criminal defense lawyer in Indiana is ready to stand up for your rights now. You should always retain an attorney if charged with a gun crime, especially if you were once a serious violent felon.
Gemma & Karimi are experienced criminal defense lawyers and ex-prosecutors who know the Indianapolis criminal justice system. They have obtained excellent case results for clients facing gun charges, unlawful possession of a firearm as a violent felon, and more. Contact us at (317) 602-5970 for a free consultation about your gun charges case.
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