Intimidation is defined in IC. 35-45-2-1. The statute itself hinges on the definition of “threat,” and many would be surprised by what qualifies as a “threat.” According to the statute, a threat is “an expression, by words or action, of an intention to:
(1) unlawfully injure the person threatened or another person, or damage property;
(2) unlawfully subject a person to physical confinement or restraint;
(3) commit a crime;
(4) unlawfully withhold official action, or cause such withholding;
(5) unlawfully withhold testimony or information with respect to another person’s legal claim or defense, except for a reasonable claim for witness fees or expenses;
(6) expose the person threatened to hatred, contempt, disgrace, or ridicule;
(7) falsely harm the credit or business reputation of the person threatened; or
(8) cause the evacuation of a dwelling, a building, another structure, or a vehicle.”
Intimidation will be brought as an A-Misdemeanor unless certain circumstances are present which can elevate the offense to a felony.
LEVEL 6 INTIMIDATION:
- if the threat is to commit a forcible felony
- if the threat is communicated to a person because of their occupation, profession, employment status, ownership status, or related consideration
- if the threat is communicated to a witness (or the spouse or child of a witness) in any pending criminal proceeding against the person making the threat
- if the person has a prior unrelated conviction for an intimidation offense concerning the same victim
- if the threat is communicated using property of a school corporation or other governmental entity
A Level 6 felony carries a maximum penalty of two-and-a-half years in prison and a $10,000 fine.
Level 5 Intimidation:
In most cases, intimidation won’t be charged as a Level 5 felony unless the threat involves a deadly weapon. A Level 5 felony carries a maximum penalty of six years in prison and a $10,000 fine.
Get Legal Representation:
With our help, you can avoid the maximum penalties for your Indiana intimidation defense. Call 574-268-9995 to schedule a free initial consultation with an experienced Indiana criminal defense lawyer you can trust. You can also submit a contact form through our website.