Self Defense, Stand Your Ground, the Castle Doctrine and Affirmative Defenses under Indiana Law
If you are in need of a top tier criminal defense attorney in Indiana, call me at 317-695-7700 for a free consultation. I have been a criminal attorney in Indiana for my entire legal career, have almost two decades of experience, and taught criminal law at the IU McKinney School of Law. I have extensive litigation experience and have led counsel in hundreds of trials. I have an in depth understanding of how to argue Indiana legal defenses to a Judge or Jury, including Self Defense, Defense of Others, Defense of Property, the Stand Your Ground law, the Castle Doctrine, Necessity, Impossibility, defenses related to mental health issues, defenses relating to mistake of fact, and more.
My office has been recognized as one of the Ten Best Law Firms in the State of Indiana by the American Institute of Criminal Law Attorneys, I was selected as one of the Top 100 Attorneys by the National Trial Lawyers, my office has been recognized as one of the Top 10 Law Firms in the State of Indiana by the American Association of Attorney Advocates, and I have won the following awards: I have been recognized as one of the Top 10 Criminal Defense Attorneys in the State under the age of forty by the National Academy of Criminal Defense Attorneys. I taught criminal law at the Indiana University McKinney School of Law and served as a Judge pro tem in Indiana. I filed the Federal Class Action lawsuit of Washington v. Marion County Prosecutor, in which Indiana’s vehicle forfeiture statute was held to be unconstitutional under the Due Process Clause of the US Constitution. I also co-authored the amicus brief for the United States Supreme Court case of Timbs v. State of Indiana, in which the United States Supreme Court held that Indiana’s attempts at forfeiture were unconstitutional under the Excessive Fines Clause of the US Constitution. I filed over a dozen successful lawsuits against the Indiana Department of Corrections, challenging solitary confinement procedures under the Due Process Clause of the US Constitution. I also filed several successful lawsuits against the Indianapolis Metropolitan Police Department for arrests that violated the First Amendment of the US Constitution. Additionally, I have represented a fellow criminal defense attorney, a Metro Police Officer, and two former Sheriff’s deputies after they were arrested and accused of illegal activity. As members of the legal community, these individuals spend a great deal of time in Court and have first hand experience with many different criminal lawyers. These individuals, having familiarity with many different criminal attorneys, were aware of the high quality of legal representation that I provide and trusted me to serve as their Indiana criminal defense lawyer. You can find additional information about my career as an Indiana criminal defense attorney and cases that I have handled on my In the News page.
If you have questions about Affirmative Legal Defenses in Indiana and want to speak to an Indianapolis Criminal Lawyer, please call me for a free consultation at 317-695-7700. I have personally defended thousands of cases, taught criminal law at the IU McKinney School of Law, am a top rated attorney, and have practiced criminal defense my entire career. Additional information about my office is available on the home page and the in the news page.
“An affirmative defense admits all the elements of the crime but proves circumstances which excuse the defendant from culpability.” Melendez v. State, 511 N.E.2d 454, 457 (Ind. 1987).
Indiana Law recognizes several statutory legal defenses, including:
IC § 35-41-3-1 – Legal Authority
IC § 35-41-3-2 – Use of Force to Protect Person or Property
IC § 35-41-3-3 – Use of Force Relating to Arrest or Escape
IC § 35-41-3-6 – Mental Disease or Defect
IC § 35-41-3-7 – Mistake of Fact
IC § 35-41-3-11 – Mental Disease or Defect; Use of Justifiable Reasonable Force
IC § 35-41-3-1 – Legal Authority
IC § 35-41-3-1 refers to the legal authority defense in Indiana. This defense provides that a person’s conduct does not constitute a crime when the person acts under a reasonable belief that they were acting under legal authority. To successfully raise the defense of legal authority, the defendant must show that they had a reasonable belief that they were acting with legal authority. This means that they must have been aware of the law or contract that gave them authority to act, and they must have believed that they were acting within the scope of that authority. To successfully raise the defense of legal authority, the defendant’s reasonable belief that their conduct was lawful must be based on a reasonable interpretation of the law at the time the offense was committed. This defense is typically only available in cases where the defendant is charged with a crime that requires a specific intent or knowledge, such as fraud or embezzlement, and cannot be used for general intent crimes, such as assault or battery.
Examples of when the defense of legal authority might be used include when a police officer makes an arrest based on the reasonable belief that a crime has been committed, or a landlord who enters a tenant’s property to address a legal issue, such as a noise complaint. If you believe that the defense of legal authority might apply to your case, please call me for a free consultation at 317-695-7700.
IC § 35-41-3-2 – Use of Force to Protect Person or Property
IC § 35-41-3-2 governs the use of force to protect a person or property in Indiana. This is commonly referred to as the defense of Self Defense, Defense of Others, or Defense of Property. A person is justified in using reasonable force against another person to protect themselves or a third person from what they reasonably believe to be the imminent use of unlawful force. The person using force must reasonably believe that force is necessary to prevent serious bodily injury to themselves or a third person or to prevent the commission of a forcible felony. A person is justified in using deadly force, and does not have a duty to retreat, only if they reasonably believe that deadly force is necessary to prevent serious bodily injury to themselves or a third person or to prevent the commission of a forcible felony. The amount of force used must be reasonable and proportional to the threat faced, and the person claiming self defense must not be the initial aggressor. The use of force to protect oneself or another is not justified when the threat consists only of verbal threats, without more. The Indiana Self-Defense Pattern Jury Instruction is:
The defense of self-defense is defined by law as follows: A person is justified in using reasonable force against another person to protect himself (or a third person) from what he reasonably believes to be the imminent use of unlawful force. [A person is justified in using deadly force only if he reasonably believes that deadly force is necessary to prevent serious bodily injury to himself (or a third person) or the commission of a forcible felony.] [No person in this State shall be placed in legal jeopardy of any kind whatsoever for protecting himself, his family, or his property by reasonable means necessary.]
A person is not justified in using force if: he is the initial aggressor, unless he has withdrawn from the encounter and communicated his intent to do so, and the other person continues or threatens to continue unlawful action; or the person provokes unlawful action by another person with the intent to cause bodily injury to the other person; or he has entered into combat with another person or is the initial aggressor, unless he withdraws from the encounter and communicates to the other person his intent to withdraw and the other person nevertheless continues or threatens to continue unlawful action.
The State has the burden of disproving this defense beyond a reasonable doubt.
Examples of when the defense of self defense might be used include when a person uses a weapon to defend themselves from an armed attacker, or when a person uses force to stop a home invasion. If you believe that the defense of self defense might apply to your case, please call me for a free consultation at 317-695-7700.
The Castle Doctrine in Indiana
The Castle Doctrine, embedded within IC § 35-41-3-2, strengthens self-defense rights in Indiana by allowing individuals to use reasonable force, including deadly force, to protect themselves or others in their home, vehicle, or other dwelling without a duty to retreat. This doctrine is based on the principle that one’s home is their “castle,” and they have the right to defend it against unlawful intrusion. To successfully invoke the Castle Doctrine, the defendant must show they reasonably believed the intruder posed an imminent threat of unlawful force or serious harm, and that the force used was necessary and proportionate. For example, if an armed intruder breaks into your home, you may use deadly force if you reasonably fear for your life. However, the doctrine doesn’t apply if the defendant provoked the confrontation or was engaged in illegal activity. An experienced Indiana criminal defense attorney can help navigate the nuances of this defense to protect your rights. If you believe the Castle Doctrine applies to your case, please call me for a free consultation at 317-695-7700.
Stand Your Ground Law in Indiana
Indiana’s Stand Your Ground law, also part of IC § 35-41-3-2, eliminates the duty to retreat in public places when a person reasonably believes they face imminent unlawful force. Enacted to empower individuals to defend themselves without fleeing, this law allows the use of reasonable force, including deadly force, if necessary to prevent serious bodily injury or death, or to stop a forcible felony. For example, if someone is threatened with a weapon in a public park, they can stand their ground and use proportionate force without retreating. However, the defendant must not have provoked the incident or been engaged in a crime directly related to the confrontation. The state bears the burden of proving the defendant’s actions were not justified. Consult a knowledgeable Indianapolis criminal lawyer to assess whether this defense applies to your case. If you believe the Stand Your Ground law applies to your case, please call me for a free consultation at 317-695-7700.
IC § 35-41-3-3 – Use of Force Relating to Arrest or Escape
IC § 35-41-3-3 provides that a person other than a law enforcement officer is justified in using reasonable force against another person to effect an arrest or prevent the other person’s escape if a felony has been committed and there is probable cause to believe that the other person committed the felony, provided that the amount of force used is reasonable. A person is justified in using reasonable force, but not deadly force, to prevent or terminate another person’s unlawful entry or attack on the person’s dwelling, curtilage, or occupied motor vehicle. The defense is available only if the person reasonably believes that the use of force is necessary to effect the arrest or prevent the escape. The use of deadly force is governed by the conditions set forth in IC § 35-41-3-2, described above. In Indiana, law enforcement does not look favorably on a citizen’s arrest, so you should use caution if you are ever in a situation where you might need to make a citizen’s arrest. If you believe that the defense relating to the use of force to effect an arrest or prevent an escape might apply to your case, please call me for a free consultation at 317-695-7700.
IC § 35-41-3-5 – Intoxication
IC § 35-41-3-5 provides that it is a defense that the person who engaged in the prohibited conduct did so while he was intoxicated, only if the intoxication resulted from the introduction of a substance into his body without his consent or when he did not know that the substance might cause intoxication. Intoxication is not a defense if the person voluntarily consumed alcohol or drugs. For example, if a person is drugged without their knowledge and then commits a prohibited act, they may be able to claim this defense. The defense is only available if the person was unaware that the substance could cause intoxication. Whether the defense of intoxication can be raised depends on the specific facts of the case and the nature of the crime with which the person is charged. If you believe that the defense of intoxication might apply to your case, please call me for a free consultation at 317-695-7700.
IC § 35-41-3-6 – Mental Disease or Defect
IC § 35-41-3-6 provides that it is a defense that the person was not responsible by reason of insanity at the time of the offense. A person is not responsible by reason of insanity if, as a result of a mental disease or defect, he was unable to appreciate the wrongfulness of his conduct at the time of the offense. The defense of mental disease or defect is an affirmative defense, meaning that the defendant has the burden of proving the defense by a preponderance of the evidence. If you believe that the defense of mental disease or defect might apply to your case, please call me for a free consultation at 317-695-7700.
Contact My Office for a Free Consultation
Call me for a free consultation to discuss your case.
Phone: 317-695-7700
Email: jeffcardella@cardellalawoffice.com
I handle cases throughout the entire State of Indiana, including the Federal District Courts, the Seventh Circuit Court of Appeals, and:
- Indianapolis, Indiana (Criminal Defense and Expungement)
- Noblesville, Carmel & Fishers, Hamilton County, Indiana (for both Criminal Defense and Expungement)
- Danville, Plainfield & Avon, Hendricks County, Indiana (for both Criminal Defense and Expungement)
- Franklin & Greenwood, Johnson County, Indiana (for both Criminal Defense and Expungement)
- Muncie, Delaware County, Indiana (for both Criminal Defense and Expungement)
- Bloomington, Monroe County, Indiana (for both Criminal Defense and Expungement)
- Anderson, Madison County, Indiana (for both Criminal Defense and Expungement)
- Lebanon & Zionsville, Boone County, Indiana (for both Criminal Defense and Expungement)
- Shelbyville, Shelby County, Indiana (for both Criminal Defense and Expungement)
- Martinsville, Mooresville & Morgantown, Morgan County, Indiana (for both Criminal Defense and Expungement)
DISCLAIMER – The information on this website is provided for educational and informational purposes only and should not be construed as legal advice or an offer to perform legal services. The content may not reflect current legal developments and is not guaranteed to be correct, complete, or current. We make no warranty, expressed or implied, about the accuracy or reliability of the information on this website or any linked websites. Recipients should not act or refrain from acting based on this information without seeking appropriate legal advice from an Indiana criminal defense attorney or an attorney licensed in their state. This content is not intended to create an attorney-client relationship and should not be construed as legal advice or an offer to represent you.