Interference with Reporting a Crime Law in Indiana by Criminal Attorney Jeff Cardella
If you have an Interference with Reporting a Crime 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 interference with reporting a crime) and been lead counsel in hundreds of domestic violence trials. I also taught how to defend against domestic violence allegations in my course at the law school.
Understanding Interference with Reporting a Crime in Indiana
Interference with Reporting a Crime in Indiana is a specific offense outlined in the state’s criminal code. This charge often arises in situations where someone allegedly prevents another person from seeking help during or after an incident. Under Indiana law, this crime focuses on actions that hinder access to emergency services or law enforcement, and it carries significant legal implications for those accused.
Definition Under IC 35-45-2-5
According to Indiana Code 35-45-2-5, a person commits Interference with Reporting a Crime if they, with the intent to commit, conceal, or aid in the commission of a crime, knowingly or intentionally interfere with or prevent an individual from using a 911 emergency telephone system, obtaining medical assistance, or making a report to a law enforcement officer. This statute aims to protect the ability of individuals to report criminal activities without obstruction.
Key Elements of the Offense
To prove Interference with Reporting a Crime in Indiana, prosecutors must establish several key elements beyond a reasonable doubt:
- The accused acted with specific intent related to a crime, such as committing it, hiding it, or helping someone else do so.
- The interference was knowing or intentional, meaning the person was aware of their actions and their potential effects.
- The prevention targeted one of three specific actions: calling 911, getting medical help, or contacting police.
These elements make Interference with Reporting a Crime in Indiana a nuanced charge, where context and motivation play critical roles in determining guilt.
Penalties for Interference with Reporting a Crime in Indiana
Interference with Reporting a Crime is classified as a Class A misdemeanor under Indiana law. This level of offense can result in up to one year in jail and fines of up to $5,000. While not a felony, a conviction can still lead to a permanent criminal record, affecting employment opportunities, housing, and other aspects of life. In some cases, this charge may accompany other offenses, potentially increasing overall penalties.
Common Scenarios Leading to Interference with Reporting a Crime Charges
Charges for Interference with Reporting a Crime in Indiana frequently occur in domestic disputes or altercations where emotions run high. For instance, during an argument, one party might grab a phone to stop the other from dialing emergency services. Other situations could involve blocking access to medical aid after an injury or physically preventing someone from leaving to contact authorities. These scenarios highlight how everyday conflicts can escalate into criminal charges under IC 35-45-2-5.
Defenses Against Interference with Reporting a Crime Charges in Indiana
Several defenses may apply to Interference with Reporting a Crime cases in Indiana, depending on the circumstances:
- Lack of Intent: If the actions were not motivated by concealing or aiding a crime, the charge may not hold.
- No Underlying Crime: The interference must relate to reporting an actual crime; if the call was for a non-criminal matter, it might not qualify.
- Accidental Interference: Unintentional actions, such as accidentally damaging a device, do not meet the knowing or intentional requirement.
- Misidentification or Insufficient Evidence: Challenging the prosecution’s proof on any element can lead to dismissal or acquittal.
Understanding these defenses is crucial for anyone facing Interference with Reporting a Crime allegations in Indiana.
A Real-Life Case Example of Interference with Reporting a Crime in Indianapolis
I recently handled a case in Indianapolis where my client was accused of Interference with Reporting a Crime after allegedly breaking his girlfriend’s cell phone to prevent her from calling the police. My client had broken the phone and admitted this to police. My client also admitted that he broke the phone specifically to prevent her from calling law enforcement. The judge determined that the client had indeed broken the phone and could have been held liable for criminal mischief. However, the state had charged my client specifically with Interference with Reporting a Crime rather than criminal mischief. I argued that the girlfriend was angry at my client and was calling the police, but merely to ask that my cleint be kicked out of the apartment. My client resided at her apartment and could not be trespassed or removed from the apartment without an eviction order through a civil court. Therefore, the call was not to report a crime. The Judge reluctantly agreed with my argument, finding my client not guilty.
Related Offenses to Interference with Reporting a Crime in Indiana
Interference with Reporting a Crime often overlaps with other charges in Indiana, such as criminal mischief for property damage or domestic battery in family disputes. Additionally, related communication offenses include intimidation or harassment under Indiana Code 35-45-2, which involve threats or annoying communications. Recognizing these connections can provide insight into how prosecutors approach cases involving Interference with Reporting a Crime.
Frequently Asked Questions About Interference with Reporting a Crime in Indiana
What is the difference between Interference with Reporting a Crime and criminal mischief in Indiana?
While both may involve damaging property like a phone, Interference with Reporting a Crime requires intent tied to preventing a crime report, whereas criminal mischief focuses solely on property damage without the reporting element.
Can Interference with Reporting a Crime be charged as a felony in Indiana?
Under IC 35-45-2-5, it is typically a Class A misdemeanor, but accompanying charges or circumstances could lead to felony enhancements in related offenses.
What if the person wasn’t actually reporting a crime?
If the intended report was not about a crime, such as a non-criminal complaint, the charge of Interference with Reporting a Crime may not apply, as seen in various Indiana court cases.
How does Interference with Reporting a Crime relate to domestic violence cases in Indiana?
This charge often appears in domestic situations where one party attempts to seek help, and the other interferes, potentially alongside battery or strangulation charges.
Is it possible to expunge a conviction for Interference with Reporting a Crime in Indiana?
Yes, as a misdemeanor, it may be eligible for expungement after a certain period, depending on the specifics of the case and Indiana’s expungement laws.
Contact My Office for a Free Consultation
If you have questions about Indiana’s Interference with Reporting a Crime 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)