Criminal charges should always be taken seriously, and the more severe the potential punishment, the more imperative it is to hire an experienced criminal defense attorney. When people think about which crime the law and society take most seriously, most would place murder at the top of the list. Murder convictions carry the harshest punishments and are extremely complicated to overturn if a wrongful conviction is made. A new state law expands the definition of murder as it relates to the death of a fetus, which if proven, will subject a criminal defendant to significant time in state prison. This change will provide the state with an enhanced ability to charge individuals with murder, even if the fetus could not survive outside the womb.

Anytime the rights and severity of consequences for criminal defendants are impacted, it is important to understand the implications of these governmental changes beyond how the state proves guilt. An overview of the new modification to the law on murder, and what this change likely means for criminal defendants, will follow below.

Murder Generally and the New Law

Unlike other states, Indiana does not divide murder into different degrees. Instead, there is just one general charge of murder that governs all acts deemed to be the unlawful killing of another. Specifically, the crime of murder is defined as:

• Knowingly or intentionally killing another human being; or
• Killing another human being during the commission or attempted commission of certain crimes, including:
  • Arson;
  • Dealing or manufacturing drugs;
  • Kidnapping;
  • Rape;
  • Robbery;
  • Burglary; and
  • With new modifications, a fetus intentionally or knowingly killed at any state of development and viability.

The change in the provision for a killing of the fetus gets rid of the requirement that the death may only be considered murder if the fetus was viable, and moves to a rule that allows for murder charges for the intentional killing of a fetus at any stage of development. Furthermore, the revision of the law allows the state to file murder charges for the death of a fetus caused during the commission or attempted commission of a felony, even if the death was not intended or the defendant did not know the woman was pregnant. If convicted of this offense, the defendant faces an additional six to 20 years in state prison, on top of the sentence handed down for the underlying felony. Previously, to be convicted of the incidental killing of a fetus, the defendant must be guilty of murder or attempted murder to receive a sentence enhancement. In addition to murder of a fetus, the new law also authorizes prosecutors to file charges for voluntary (heat of passion) or involuntary (accidental) manslaughter and feticide for such acts.

Implications for Criminal Defendants

The criminal justice system inherently stacks the deck against criminal defendants, and giving prosecutors additional opportunities to charge individuals with serious and life-altering offenses opens up more individuals to serious consequences. Specifically, expanding murder charges to the death of a fetus while committing or attempting to commit any felony means that even for offenses where no death is intended and the normal sentence would be relatively moderate, the defendant will be held responsible for outcomes they could not anticipate and thus, take steps to avoid. Working with an experienced criminal defense attorney is particularly imperative when the stakes are high, as he or she will know how to attack the prosecution’s case and give the defendant the best chance at a favorable outcome.

Get Help

Criminal convictions will forever change a person’s life. If you are facing criminal charges, work with the experienced and dedicated criminal defense attorney, Christopher L. Arrington, P.C. This law office knows how to build a strong defense, and will strive to obtain the best possible results under the facts. Contact the Danville law firm to schedule an appointment.