Indiana has a strong affirmative defense penal provision that allows Hoosiers to protect their life, home/curtilage and stop forcible felonies.1 It is a crime to pull a gun on someone and, if it goes further, to shoot them. However, an affirmative defense means even if the State (the prosecutor) meets all of the elements of the crimes associated with pulling a gun and even killing a person, you may be acquitted. The affirmative defense says, in essence, the ... Read More
23
May2019
15
Jan2018
Most Hoosiers know were a gun-friendly state. In fact, Indiana ranks among the highest for gun rights. For example, there are hundreds of thousands of residents who have a License to Carry a Handgun. With “carrying” there is significant misunderstanding of the Castle Doctrine and the right to Stand Your Ground with the right to draw your firearm. These limits are the topic of coverage in this blog.
In Indiana, a person can stand his or her ground and not retreat if it is reasonable. This ... Read More
29
Nov2017
A. The right to use force and deadly force in Indiana.
Under Indiana’s use of force statute, a person is justified in using reasonable force against another person to protect the person or a third party from what the person believes to be the imminent use of unlawful force. Further, a person is justified in using deadly force and does not have a duty to retreat if the person reasonably believes the use of this level of force is necessary to prevent ... Read More
20
Oct2017
A topic that frequently arises in the course of criminal defense is pointing a firearm a criminal charge from doing so on one’s own property. Many litigants are surprised to learn that the curtilage and standing one’s ground under the castle doctrine does not automatically authorize pointing a firearm at someone who enters your property where your home is located. This is the topic of this blog post.
Pointing a firearm at someone on your property is a first step toward the ... Read More
12
Sep2017
Other than a firearm and certain other obvious (stun guns) items, the Indiana criminal code does not provide a great deal of guidance on what is a deadly weapon for purposes of the exercise of deadly force. It is pretty obvious why this is the case as virtually any object, used in a skillful way, can cause serious bodily injury or death.
By statute, a “deadly weapon”1 is something that is used, could ordinarily be used or is ... Read More
06
Jul2017
On Monday, the Indiana Court of Appeals decided an important case relating to the gun community and criminal defense; it decided and what is deadly force by a “deadly weapon”. In Indiana, the affirmative defense of self-defense may be raised when a person uses deadly force in response to infliction of serious bodily injury from a “deadly weapon”, a forcible felony or to defend one’s home or curtilage.
There is no definition of a “deadly weapon”. However, its use must be threatened or used in a ... Read More