Criminal Confinement Law in Indiana by Criminal Attorney Jeff Cardella
If you have a Criminal Confinement case in Indiana and need a top rated criminal defense attorney, call me at 317-695-7700 or email me for a free consultation. I have been a criminal attorney in Indiana for my entire legal career, was selected as one of the Top 100 Attorneys by the National Trial Lawyers Association, have served as a Judge pro tem, have nearly two decades of experience and taught criminal law at the IU McKinney School of Law. I have handled thousands of domestic violence cases (and related charges such as confinement) and been lead counsel in hundreds of these trials. I also taught how to defend against domestic violence allegations in my course at the law school.
What is Criminal Confinement Under Indiana Law?
Criminal confinement in Indiana refers to the act of restricting another person’s freedom of movement without their consent. This offense is outlined in Indiana Code 35-42-3-3, which states that a person who knowingly or intentionally confines another individual without permission commits criminal confinement. The law aims to safeguard personal liberty and prevent unlawful restrictions on movement, whether through physical force, threats, or deception.
In everyday scenarios, criminal confinement in Indiana might occur during heated arguments, domestic disputes, or even workplace conflicts where one party prevents another from leaving. Unlike some states, Indiana’s statute includes specific exceptions, such as parents confining their children under 18 years old, as long as it doesn’t involve substantial risk of bodily injury.
Key Elements of Criminal Confinement Charges in Indiana
To prove criminal confinement in Indiana, prosecutors must establish several key elements beyond a reasonable doubt. These include:
- The defendant acted knowingly or intentionally.
- The victim was confined without their consent, meaning their movement was substantially interfered with.
- No lawful authority justified the confinement, such as in cases of citizen’s arrest under specific circumstances.
Understanding these elements is crucial for anyone facing criminal confinement charges in Indiana, as gaps in any one can weaken the prosecution’s case.
Levels and Penalties for Criminal Confinement in Indiana
Criminal confinement charges in Indiana vary in severity based on aggravating factors. The base offense is a Level 6 felony, but it can escalate quickly:
- Level 6 Felony: Basic confinement without injury or weapons; punishable by 6 months to 2.5 years in prison and up to $10,000 in fines.
- Level 5 Felony: Involves bodily injury or a victim under 14 years old if the defendant is over 18; 1 to 6 years imprisonment and fines up to $10,000.
- Level 3 Felony: Serious bodily injury or use of a deadly weapon; 3 to 16 years in prison and fines.
- Level 2 Felony: Involves hijacking a vehicle or confinement leading to serious injury with a weapon; 10 to 30 years and substantial fines.
These penalties highlight why criminal confinement in Indiana is treated seriously, especially in urban areas like Indianapolis where domestic-related incidents are common.
How Criminal Confinement Differs from Kidnapping in Indiana
While often confused, criminal confinement and kidnapping are distinct under Indiana law. Kidnapping, per IC 35-42-3-2, involves removing a person from one place to another by force, threat, or deceit, often with intent to ransom or use as a shield. Criminal confinement focuses solely on restricting movement, without the relocation element. This distinction is vital in Indiana courts, as kidnapping carries harsher penalties, starting as a Level 5 felony and escalating to Level 2.
In Indianapolis cases, what starts as a confinement charge might be misclassified if movement across locations is involved, affecting potential outcomes.
Common Defenses Against Criminal Confinement Charges in Indiana
Defending against criminal confinement in Indiana often involves challenging the prosecution’s evidence. Common strategies include:
- Consent: Proving the alleged victim agreed to the restriction.
- Lack of Intent: Showing the actions were accidental or not purposeful.
- Self-Defense or Defense of Others: Justifying restraint to prevent harm.
- Defense of Property: Restraining someone to protect belongings from damage.
- Lawful Authority: Such as security personnel detaining a shoplifter briefly.
In Indiana, these defenses can lead to reduced charges or acquittals, particularly in nuanced domestic situations common in Indianapolis.
A Real-Life Example: Defense of Property in an Indianapolis Criminal Confinement Case
In a recent Indianapolis case that I was the lead attorney on, an individual was accused of criminal confinement after restraining his girlfriend person during a domestic dispute. The incident stemmed from the girlfriend becoming enraged over text messages from another woman on the my client’s phone. In her anger, she began destroying property, including smashing the phone and breaking a glass coffee table.
The defendant restrained her to prevent further damage to belongings. At trial, I argued the restraint was reasonable and necessary for defense of property under Indiana law and my client was found not guilty. This example underscores the importance of examining all circumstances in criminal confinement cases in Indiana, where emotional disputes can lead to misunderstandings of the law.
Potential Long-Term Consequences of a Criminal Confinement Conviction in Indiana
Beyond immediate penalties, a conviction for criminal confinement in Indiana can have lasting effects. These may include a permanent criminal record affecting employment opportunities, especially in fields requiring background checks. In Indianapolis, where competitive job markets exist, this can be particularly challenging.
Additional consequences involve loss of firearm rights for felons, potential protective orders in domestic cases, and impacts on child custody arrangements. Understanding these ramifications emphasizes the gravity of criminal confinement charges in Indiana.
Frequently Asked Questions About Criminal Confinement in Indiana
Can criminal confinement in Indiana be charged as a misdemeanor?
Typically, no—criminal confinement starts as a Level 6 felony. However, if no aggravating factors exist and it’s a first offense, prosecutors might reduce it in plea deals.
What role does intent play in Indiana criminal confinement cases?
Intent is central; accidental restrictions don’t qualify. Proving lack of knowing or intentional action can dismantle the charge.
How common are criminal confinement charges in domestic situations in Indianapolis?
Very common, often arising from arguments where one party blocks an exit. These cases frequently involve emotional contexts that require careful examination.
Is there a statute of limitations for criminal confinement in Indiana?
For felonies, it’s generally five years, but extensions apply if the victim is a minor or if DNA evidence emerges later.
Can evidence from social media impact a criminal confinement case in Indiana?
Yes, messages or videos can demonstrate consent or lack thereof, making digital evidence key in modern Indianapolis cases.
Contact My Office for a Free Consultation
If you have questions about Indiana’s Criminal Confinement law, call me for a free consultation to discuss your case.
Phone: 317-695-7700
Email: jeffcardella@cardellalawoffice.com
Address: 350 Massachusetts Ave #357, Indianapolis, IN 46204
I handle cases throughout all of Indiana, including the Federal District Courts and the Seventh Circuit Court of Appeals. The main geographic areas that I practice law in are:
- Indianapolis, Indiana (for both 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)