Indiana laws are favorable to gun owners, giving them many rights, compared to other U.S. states. However, there are also strict rules concerning gun use. Knowing the most serious criminal gun offenses is extremely important for anyone who considers purchasing a firearm. An experienced Evansville criminal defense lawyer discusses these offenses in detail.
However, remember to seek legal advice if you are charged with any kind of offense involving guns. These being said, these actions are illegal in Indiana:
Brandishing a Firearm
The act of brandishing a firearm means knowingly and threateningly pointing a gun at another person. Even if the gun is not loaded, the act alone is classified as a Class A misdemeanor. This charge carries a sentence of up to 1 year in jail and maximum $5,000 fine.
If the gun is loaded, the offense is a level 6 felony. In this case, the penalties increase to maximum 2.5 years in prison and $10,000 fine.
Possession of a Firearm by a Serious Violent Felon
According to Indiana Code 35-47-4-5, individuals convicted of a serious violent felony are not allowed to possess firearms. Some of the felonies that disqualify you from owning a gun in our state include:
- Murder or voluntary manslaughter
- Domestic battery
- Aggravated battery
- Child molesting
- Sexual battery
- Burglary and robbery
Anyone with one of these convictions on their record who possesses a gun is committing a level 4 felony, punishable by up to 12 years in prison and maximum $10,000 fine.
Possessing a Gun on School Grounds
Carrying a firearm on school grounds is a very severe offense, classified as a level 6 felony. The only exception is if the gun is locked in the car trunk, glove compartment or out of plain sight.Even if you are legally allowed to possess a gun, leaving it in plain sight on school grounds is a Class A misdemeanor.
Obliterating Identification Marks on a Firearm
Guns must carry clear markings that identify them and allow authorities to trace them. Thus, it is illegal to alter, remove or in any other way obliterate:
- The maker
- The model
- The serial number
- Any other identification symbols
If you unknowingly received or purchased a gun with any of these symbols obliterated, contact an Evansville criminal defense attorney immediately to learn how to protect yourself against potential charges.
Possessing a Prohibited Gun
Indiana allows individuals to own various types of firearms. However, some types are prohibited. These are:
- Machine guns
- Sawed-off shotguns
- Armor-piercing ammunition
Possessing any of these firearms represents a level 5 felony, punishable by maximum 6 years in prison and up to $10,000 fine.
How a Criminal Defense Attorney Helps You
Fighting a gun crime is not easy, even if you know your rights. There may be mitigating or aggravating circumstances in your case that you are not aware of. An experienced lawyer will analyze all the circumstances in your case and seek evidence that absolves you from guilt.
Also, attorneys know how to identify weak spots in the prosecution’s case and use them to negotiate a favorable plea bargain or even get your charges dismissed.
Schedule a Consultation with an Experienced Evansville Criminal Defense Lawyer!
Criminal gun offenses can be leveraged even against individuals with a valid right to own a firearm if they do not follow all the rules. And these offenses carry severe penalties if they end up with a conviction in court.
To protect your rights and freedoms, get in touch with an experienced Evansville criminal defense lawyer as soon as possible after being charged to start building your defense. Verdelski Miller has extensive experience, with over 85 jury trials during 30 years of practicing law.
As a new client, you enjoy a free case evaluation, so call us today at 812-247-6453!
