A Hendricks County, IN, woman is facing felony charges following a road rage incident involving a firearm. While driving home to Roachdale, along U.S. 36 in Hendricks County, Danville police say that the woman got extremely mad and pointed a gun at another driver. The 33-year-old driver has been charged with intimidation and pointing a firearm for a road rage incident. Police say that her case is not unusual.
Criminal Intimidation Charges in Indiana
Indiana law provides four ways that an individual can be charged with criminal intimidation. These include:
- Communicating a threat with the intent that another person does something against their will
- Communicating a threat to prevent someone from doing something they’re allowed to do
- Communicating a threat with the intent of either interfering with the occupancy of a dwelling, building, other structure or vehicle or with causing a dwelling, building, other structure or vehicle to be evacuated. Phoning in a false bomb threat is a common example of this form of intimidation.
- Communication a threat with the intent that another person be placed in fear that the threat will be carried out
Indiana defines a threat as an expression, by words or action, of an intention to:
- Unlawfully injuring another person or damaging property
- Unlawfully subjecting a person to physical confinement or restraint
- Committing a crime
- Unlawfully withholding official action
- Unlawfully withhold testimony or information with respect to another person’s legal claim or defense
- Falsely harm the credit or business reputation of a person
- Cause the evacuation of a dwelling, building, vehicle, or other structure
Felony Intimidation Charges
Intimidation can either be charged as a misdemeanor or a felony. There are five ways that intimidation can be charged as a level 6 felony (carrying a maximum sentence of two and a half years in prison and a $10,000 fine. This includes when criminal intimidation involves the threat of committing a forcible felony. Indiana law defines a forcible felony as any felony that involves the use or threat of force against a human being or in which there is imminent danger of bodily injury to a human being. Brandishing a gun at someone during a traffic altercation would place a member of the public in fear for their life.
In addition, Indiana’s laws on intimidation favor the perception of the alleged victim over the intent of the defendant. In other words, a defendant cannot argue that they did not intend to intimidate the victim. If the victim perceived a threat from the conduct of the defendant, then that is enough to establish that intimidation has occurred.
Felony charges are a pretty hefty price to pay for losing your temper on the road.
Talk to a Danville, IN, Criminal Defense Lawyer Today
Chris Arrington represents the rights of those charged with felonies and misdemeanors in Danville, Indiana. Call our office today to schedule an appointment, and we can begin preparing your defense to the charges right away.