Indianapolis Murder Defense Lawyer

Why Hire Our Murder Defense Lawyers in Indianapolis?

If you or someone you know has been arrested for murder, you need to contact an experienced murder defense lawyer immediately. At The Criminal Defense Team, we are ready to aggressively defend you against the charges you face. We are former prosecutors who know how the prosecution builds their cases and can help you challenge the evidence against you. Refuse to talk to law enforcement and instead demand your right to talk to a lawyer.

Call (317) 687-8326 today to discuss your case.

How a Murder Defense Attorney Can Help if You’re Facing Murder Charges in Indianapolis

Murder charges are the most serious type of criminal charges you can face in the state of Indiana. Your life hangs in the balance. The Indianapolis violent crimes attorneys at The Criminal Defense Team have the knowledge, skill, and experience to build an effective defense on your behalf. When you hire us, we can:

Investigate the case – We can conduct an independent investigation about the case. This includes interviewing witnesses and finding evidence that can aid in your defense. We can also investigate your case to determine if law enforcement did not follow proper procedures in investigating your case or collecting evidence.
Answer your questions – Throughout this process, you will have a strong advocate by your side. We can discuss your legal rights and options and answer any questions you have. We can also advise you on how to protect your rights and prevent you from making mistakes that could harm your case.
Create tailor-made defense strategies – As former prosecutors, our lawyers know what types of legal strategies are effective and how the other side prepares their cases. We can use this inside knowledge to create an effective defense that is tailored to your specific situation.
Present motions – Your defense attorney can present motions before the court, such as asking the court to suppress evidence that was illegally obtained by police or to dismiss the charges against you.
Represent you at trial– If your case goes to trial, we will effectively challenge the prosecution’s case, cross-examine witnesses, and present evidence on your behalf.
Argue for lighter sentencing – If you are convicted, your criminal defense attorney can present arguments as to why you should receive a lighter sentence, such as not having any significant criminal sentence or being under extreme mental or emotional stress at the time of the alleged crime.

The Criminal Defense Team has a history of successful results and a long line of satisfied clients. We provide a free consultation where you can learn more about our experience and why we’re the right fit for you. Call us today to get started.

How Is Murder Defined in Indiana?

In Indiana, murder is generally defined as the intentional killing of another person.

There are two types of murder charges: first-degree and second-degree murder.

Murder in the first degree is the most serious charge and involves the deliberate and premeditated killing of another person. This violent crime also includes killings that occur during the commission of certain felonies, such as arson, burglary, rape, or kidnapping.

The state must prove that the defendant killed the victim with malice aforethought to convict the defendant of murder. Malice aforethought may be established by showing that the defendant killed the victim in a willful, deliberate, and premeditated manner.

If the defendant intentionally killed the victim but did not have the specific intent to kill, the state may still charge the defendant with murder if it can be proven that the defendant knowingly engaged in conduct that created a substantial risk of death and the defendant knew the victim’s death was possible. A death sentence may be imposed if the defendant was previously convicted of murder and the murder was committed during the commission of another felony.

Another way that murder can be charged is when the defendant was committing a felony when the death occurred, even if there was no intent to kill the person or if the death occurred during certain drug crimes. Indiana’s murder law specifies the following types of felonies that can give rise to a murder charge if a death occurs while committing or attempting any of the following crimes:

Burglary
Child molestation
Consumer product tampering
Criminal deviate conduct
Kidnapping
Rape
Robbery
Human trafficking
Promotion of human labor trafficking
Promotion of human sexual trafficking
Promotion of child sexual trafficking
Promotion of sexual trafficking of a younger child
Child sexual trafficking
Carjacking

This offense can also be charged if the defendant was committing or attempting to commit any of the following drug crimes at the time of the death:

Dealing in or manufacturing cocaine or a narcotic drug
Dealing in or manufacturing methamphetamine
Dealing in a schedule I, II, III, IV, or V controlled substance

Indiana’s murder law also considers it to be murder to knowingly or intentionally kill a fetus in any stage of development.

Degrees of Murder in Indiana and Potential Penalties

First-degree murder is a felony and is punishable by a term of imprisonment of between 45 and 55 years, life imprisonment without the possibility of parole, or the death penalty.

Second-degree murder refers to intentional killings that do not meet the criteria for first-degree murder. This offense includes cases where the killing occurs as a result of sudden heat or in the heat of passion. Second-degree murder is also a felony but carries a lesser penalty than first-degree murder. The punishment for second-degree murder is a fixed term of imprisonment between 10 and 30 years.

Aggravating and Mitigating Circumstances for Murder Charges

Aggravating and mitigating circumstances can affect how a crime is charged and the potential sentence that can be imposed upon conviction. In Indiana, the prosecution must be able to prove at least one aggravating factor to request the judge or jury to consider a sentence of life imprisonment or death. These aggravating factors under Indiana Code § 35-50-2-9 include:

Intentionally murdering while committing one of the enumerated felonies under the Indiana murder law
Murdering someone involving a Level 3, 4, 5, or 6 felony battery, criminal confinement, kidnapping, or sexual abuse of the victim
Detonating an explosive device with the intent to cause injury that resulted in death
Lying in wait to murder the victim
Paying someone or being hired to kill another person
Having a prior conviction of murder
Committing a previous murder, even if there was no conviction
Committing murder while in police custody or on probation or parole
Dismembering the victim during the murder
Mutilating, torturing, decapitating, or burning the victim while still alive
Murdering an officer or others working in their official capacity while they are on duty or for revenge for an act they performed in their official capacity
Committing a murder against a victim aged 11 or younger
Murdering a witness to prevent testimony against the defendant
Murdering someone in a place of worship or on the grounds of an educational institution
Intentionally firing a weapon into a dwelling or from a vehicle
Murdering a pregnant victim with the intent to kill a viable fetus

Even if one or more of these aggravating factors are present, the prosecution must prove that the applicable mitigating factors do not outweigh the aggravating factors. Possible mitigating factors can include:

Lack of relevant criminal history
Mental or emotional issues
Inability to understand the nature of the act
Low level of participation in the murder or felony

These mitigating factors can also be used to argue a sentence less than the advisory sentence. An experienced murder defense attorney in Indianapolis can also argue your good character, a previous history of abuse by the alleged victim, and other mitigating factors that favor a lighter sentence upon sentencing or to negotiate with the prosecutor for a lesser charge or sentence.

Defenses to Murder Charges

When facing murder charges, individuals may employ various defenses to assert their innocence or mitigate their culpability. An Indianapolis murder defense lawyer can evaluate the circumstances of the case and determine all or any available legal defenses to either get the entire case dismissed or the charges reduced.

Here are some common defenses that can be raised in murder cases:

Self-Defense: This defense asserts that the accused acted to protect themselves from imminent harm or danger. It typically requires demonstrating that the use of force was reasonable and necessary under the circumstances.
Defense of Others: Similar to self-defense, this defense argues that the accused used force to protect another person from immediate harm or danger.
Lack of Intent: Murder charges often require proving the defendant’s intent to kill or cause serious harm. The defense may argue that the killing was accidental or lacked the requisite intent, suggesting a lesser charge such as involuntary manslaughter or negligent homicide.
Alibi: This defense aims to establish that the accused was not present at the crime scene when the murder took place, providing evidence, such as witnesses or documentation, to support their claim.
Misidentification: The defense may argue that the accused was wrongfully identified as the perpetrator of the crime, casting doubt on the reliability or credibility of witness testimony or evidence.
Provocation: This defense, often used in cases of voluntary manslaughter, asserts that the defendant was provoked and acted in the heat of passion, which diminished their culpability for the crime.
Lack of Evidence: This defense involves challenging the prosecution’s case by highlighting insufficient or unreliable evidence, inconsistencies, or violations of legal procedures. The prosecution bears the burden of proving every element of the offense by proof beyond a reasonable doubt. If they cannot meet this burden, you must be acquitted of the crime.
Insanity Defense: This defense asserts that the accused was suffering from a mental illness or defect at the time of the crime, which impaired their ability to understand the nature of their actions or distinguish right from wrong. It typically requires expert testimony and evidence of the defendant’s mental state.

The highly experienced criminal defense attorneys at our firm have effectively argued these and other defenses to protect the rights of the accused. Our Indiana murder defense lawyers can review every detail of your case, identify weaknesses in the prosecution’s case, and exploit them to prepare the best arguments for your case. Contact us today to schedule a confidential consultation to discuss your case with one of the state’s most experienced criminal defense lawyers.

Our Indianapolis Murder Defense Attorneys Are Ready to Defend You Immediately

If you are facing murder charges, you need the legal services and representation of a highly qualified criminal defense attorney in Indianapolis. Our attorneys are board-certified, a recognition that only a small number of Indiana lawyers can claim. Our team of Board-Certified* Criminal Trial Specialists are prepared to handle the most serious cases, including murder allegations. Let us defend you inside and outside the courtroom during the most difficult time in your life.

Contact our murder defense attorneys at (317) 687-8326 to schedule a consultation. We are available 24/7.

Indianapolis Murder Defense Attorney