Indiana Invasion of Privacy or Property Attorney

If you have been charged with invasion of privacy or property, or some other domestic violence-related offense, you should consult with a defense lawyer right away to gain a better sense of your legal options and to get the best overall legal defense you can find. A charge of invasion of privacy or property carries serious ramifications and could have potentially devastating consequences for your future. That’s why you should seek the counsel of a defense lawyer, so you have a better chance of getting the charges reduced or having them dropped altogether. It is not recommended that you attempt to represent yourself when facing these kinds of serious charges. Instead, The Criminal Defense Team’s trespassing defense lawyers in Indiana have the exact kind of experience defending these cases that you will need to help get you through this. Contact the Indiana invasion of privacy or property defense lawyers of The Criminal Defense Team today at (317) 687-8326 so one of our highly skilled attorneys can assist you. Or you may fill out our contact form on our website.

What is Invasion of Privacy or Property?

In Indiana, the crime of invasion of privacy and property typically involves intentional and unauthorized intrusion into another person’s private space or onto their property. Common forms of invasion include:

• Trespass: Trespass involves knowingly or intentionally entering onto the land or property of another without permission. In Indiana, trespass is generally considered a misdemeanor offense but can escalate to a felony if certain aggravating factors are present, such as entering a dwelling.
• Voyeurism: Indiana law prohibits voyeurism, which is the act of secretly observing, photographing, or videotaping another person in a private place without their consent for the purpose of sexual gratification or arousal. Voyeurism is typically considered a misdemeanor offense but can be elevated to a felony if certain aggravating factors are present.
• Unauthorized Surveillance: Indiana also prohibits the unauthorized installation or use of electronic surveillance devices, such as cameras or recording devices, to capture visual images or record conversations in areas where individuals have a reasonable expectation of privacy, such as bathrooms, changing rooms, or private residences. Unauthorized surveillance is generally considered a felony offense in Indiana.
• Invasion of Privacy: Indiana law also encompasses a broader offense known as invasion of privacy, which can include various forms of intrusion into an individual’s private affairs, such as disclosing private information without consent, eavesdropping on private conversations, or using deception to obtain sensitive information. Invasion of privacy offenses can vary in severity and may be classified as misdemeanors or felonies depending on the specific circumstances.

Types of Invasion of Privacy or Property

A person in Indiana can be charged with invasion of privacy or property if they violate any of the following:

• A valid order of protection to prevent domestic violence, family violence, or harassment
• A protective order issued in an emergency at the request of one party without the other party yet having a chance to contest the request
• A no-contact order made as a condition of probation
• A no-contact order from a judge or an order to cease direct or indirect contact with a delinquent child or a child in need of services, and if there is a no-contact order during the course of a juvenile delinquency proceeding or child in need of services proceeding
• A no-contact order made as a condition of pretrial release, including formal release with or without bail or pretrial diversion
• A restraining order issued for workplace violence
• A no-contact order issued to prevent domestic or other family violence while a divorce or legal separation proceeding is pending in court
• A protective order to prevent domestic or other family violence during the course of a paternity action
• A substantially similar protective order or no-contact order issued in another state or by a Native American jurisdiction for any of the above situations

Sentencing for Invasion of Privacy or Property in Indiana

In Indiana, a conviction of invasion of privacy or property is a Class A misdemeanor and can result in up to one year in prison and up to a $5,000 fine. The sentence can increase to a Level 6 felony if a person has a previous conviction for the same crime. Conviction of a Level 6 felony includes a prison sentence between six months and two-and-a-half years and could include a fine of up to $10,000. Keep in mind also that a court has the discretion to convict for the lesser Class A misdemeanor even if the defendant is eligible to be convicted of a Level 6 felony as a repeat offender.

Common Legal Defenses Against Invasion of Privacy or Property Charges

A legal defense is a strategy used by a defendant in a legal proceeding to counter or mitigate the allegations made against them. In the context of invasion of privacy or property charges, there are several common legal defenses that individuals may use:

• Consent: The defendant may argue that the alleged invasion of privacy or property was consented to by the individual affected. For example, if someone claims their privacy was invaded by being recorded, the defendant might argue that the individual consented to being recorded.
• Lack of Intent: The defendant may claim that they did not intentionally invade the privacy or property of another person. They might argue that their actions were accidental or unintentional.
• Public Domain: If the information or property in question was already in the public domain or was readily accessible to the public, the defendant may argue that there was no invasion of privacy or property.
• Truth: If the information disclosed is true, the defendant may use truth as a defense against invasion of privacy claims. However, it’s essential to note that truth may not always be a complete defense, especially if the disclosure of true information causes harm or damages.
• Statute of Limitations: The defendant may argue that the statute of limitations has expired, meaning that too much time has passed since the alleged invasion of privacy or property for legal action to be taken.
• Self-Defense or Defense of Property: In some cases, individuals may argue that their actions were justified as a means of protecting themselves or their property from harm or intrusion.
• Public Interest or Newsworthiness: If the information disclosed or the invasion of privacy serves a legitimate public interest or is newsworthy, the defendant may use this as a defense. This defense is commonly used in cases involving journalists or media outlets.
• Violation of Constitutional Rights: The defendant may argue that the invasion of privacy or property violated their constitutional rights, such as freedom of speech, freedom of the press, or the Fourth Amendment protection against unreasonable searches and seizures.
• Mistake of Fact: The defendant may claim that they were mistaken about a material fact relevant to the invasion of privacy or property charges. For example, they might argue that they reasonably believed they had permission to access certain information or property.
• Entrapment: In some cases, defendants may argue that they were coerced or induced by law enforcement or another party to commit the invasion of privacy or property offense.

Need Help? Give Our Indiana Invasion of Privacy or Property Attorneys A Call

If you or someone you love has been arrested for invasion of property or privacy charges, it can be a challenge to try to manage your case on your own. With The Criminal Defense Team of Baldwin, Perry & Wiley PC, you can put your trust in top-rated Indiana invasion of privacy or property attorneys who have successfully been defending clients just like you since 2007.

Call (317) 687-8326 today to schedule a free, confidential consultation and to take the first step towards protecting your rights.