Protecting Your Rights In and Out of the Courtroom 

In the past year alone, approximately 330 murders were committed in the state of Indiana. Though Indiana is only ranked #17 among states with the most murders, criminal homicide rates have been steadily rising over the past few years.

In fact, the city of Indianapolis was recently ranked number nine on a national list of violent cities. In order to combat crime and increase safety in the community, local Indiana police, detectives, and Deputy Prosecutors have begun focusing heavily on investigating deaths and quickly conducting arrests of suspects.

Research has shown that the vast majority of successful prosecutions involve an arrest that occurs within the first 48 hours following a murder. Indianapolis police are, therefore, intent on locating alleged suspects as fast as possible, oftentimes sacrificing the integrity of the investigation or overlooking key evidence in the process.

Indianapolis murder defense attorney Chris Eskew understands being arrested for homicide is a terrifying and anxiety-ridden process for anyone. The charges are serious, and the potential consequences can be severe.

The right attorney can help you try to defend yourself, fight false allegations, uncover faulty police investigations, and clear your name. If you were charged with murder or any other type of homicide, the intelligent and devoted Indianapolis criminal lawyers at Eskew Law, can begin investigating your case and developing a defense strategy.

To speak with someone about your charges today, call Eskew Law, at 317-793-2325 immediately.

Homicide

Homicide is the unlawful killing of another person. In the state of Indiana, homicide is a criminal offense, and it is in your best interest to consult an aggressive Indianapolis murder defense lawyer immediately if you have been charged.

There are many different types of homicide, grouped by level of culpability. Culpability is determined by the role you played in the other person’s death, your actions that led to the death, and your intent when performing the actions. There are seven types of homicide in Indiana:

• Murder: Intentionally or knowingly killing another person
• Causing suicide: Intentionally causing someone to commit suicide via deception, duress, or force
• Assisting suicide: Participating in the act of another person attempting or committing suicide
• Voluntary manslaughter: Intentionally or knowingly killing another person under sudden heat
• Involuntary manslaughter: Killing another person while attempting or committing battery or serious bodily injury
• Reckless homicide: Recklessly killing another person
• Feticide: Intentionally terminating a human pregnancy

Murder

Though many individuals equate homicide with murder, murder is but one type of homicide. Murder is the most culpable form of unlawful killing. There are four categories of murder:

• Knowingly or intentionally killing another person: This is the traditional definition of murder. You either know your actions will kill someone and proceed forward anyway, or you specifically intend to kill someone. Premeditation can form the basis for murder, though it is not required
• Killing another person while committing another felony such as arson, burglary, child molestation or rape, kidnapping, robbery, carjacking, and more: Though you didn’t intend to kill someone, a death occurred. Your intent to commit the underlying felony makes you culpable for murder. For example, if you set fire to a building that has people inside and someone dies, even though you did not intend for them to die, you can be charged with both arson and murder
• Killing another person while committing or attempting to commit dealing in a controlled substance: If you are dealing a narcotic, pharmaceutical drug, or other controlled substance and kill someone while dealing, you have committed murder
• Knowingly or intentionally killing a viable fetus: If a fetus is capable of living outside of its womb, and you kill it, such as through performing an abortion, you have committed murder

What Are the Penalties for Murder in Indiana?

Other states categorize murder penalties using varying degrees, like first and second-degree. However, Indiana sets penalties for murder based on the victim and defendant’s age, how the victim was killed, and the circumstances surrounding the offense.

Murder is punishable by 45 to 65 years in state prison and up to $10,000 in fines, though a good Indianapolis murder defense attorney can help you defend yourself to reduce or avoid penalties.

In Indiana, the death penalty is also a possibility. At least one aggravating circumstance must exist beyond a reasonable doubt. A defendant with an intellectual disability cannot qualify for the death penalty or life imprisonment.

Aggravating circumstances for the death penalty include:

• The defendant hired someone to commit the murder
• Another person hired the defendant to commit the murder
• The defendant murdered the victim while attempting to commit another crime
• The defendant has a prior conviction of kidnapping, battery, or a sex crime against the victim
• The defendant attempted to mutilate, burn, or decapitate the victim
• The defendant has a prior murder conviction on their criminal record
• The defendant committed a murder on school property
• The victim was a parole officer, probation officer, judge, law enforcement officer, or fireman
• The defendant previously committed murder, even if they were not convicted
• The defendant discharged a firearm into a dwelling or vehicle
• The defendant was on probation or parole at the time of the murder
• The victim was a witness against the defendant
• The defendant dismembered the victim
• The victim was pregnant
• The victim was under 12 years of age
• The defendant killed someone by detonating an explosive

These aggravating factors can lead to increased penalties. A criminal defense attorney on our team will help you create a defense strategy to reduce or remove your criminal charges.

What Should You Do if You Are Arrested for Murder?

Being accused of murder can be a frightening experience. It’s normal to spring into action, attempting to defend yourself from police officers and the public. However, keeping a clear head and remaining calm can help your case in the long run.

The first thing you should do if you are arrested or detained is cooperate with law enforcement officers. Follow their orders and go with them to the police station if you are asked. Remember that you have the right to remain silent, and you don’t have to answer any of their questions without a lawyer present.

The most crucial step you must take immediately is to contact a criminal defense attorney on our team. Don’t answer any questions, talk to investigators, or make any statements until a member of our team is with you. We will advise you of your rights and talk to you about your case before the police can question you.

We can help you understand the charges you are facing and what your next steps are. We’ll also ensure that law enforcement officers do not infringe upon your rights in any way. If you have questions or concerns, we’ll address them before going forward. Above all, we will remain by your side so you feel informed about your case every step of the way.

How Do You Defend Against a Murder Charge?

Creating a solid defense strategy is essential if you are facing a murder charge. A criminal defense lawyer on our team will meet with you to discuss your case and learn about the evidence against you. Our criminal defense law firm will provide legal representation, advocating for you and protecting your rights throughout your entire case.

Your defense strategy will depend on the specific circumstances of your case and the prosecution’s evidence. However, there are some common defense strategies that our Indianapolis criminal defense team may use.

The most common defense strategies for a murder charge include:

Self-Defense 

You are allowed to use necessary force if you believe your life or the lives of others are in danger. There are many circumstances under which the law allows you to kill someone in self-defense, including preventing someone from entering your home.

Innocence

Maybe you are completely innocent and did not commit the crime you are accused of. It could be a case of mistaken identity from an eyewitness or misconstrued evidence that puts you at the scene. If you have an alibi, we can use that in your criminal defense.

Illegal Search and Seizure 

If the police violated your rights during their investigation, the case against you may be unlawful. Our criminal defense attorneys could file a motion to prevent the prosecution from submitting certain pieces of evidence. If this suppression of evidence means you cannot be charged, your case could be thrown out.

Accidental Killing 

If you didn’t mean to kill someone, your penalties could be reduced. For instance, if you got into a physical altercation with someone and the fight got out of hand, it’s possible the victim died by accident. The court may reduce your charges from murder to involuntary manslaughter with enough compelling evidence.

Insanity

Defendants with a mental defect or severe mental illness who cannot understand their conduct was wrong cannot be convicted. However, this defense involves presenting strong evidence and meeting a high standard of criteria.

What Does a Criminal Lawyer Do?

Working with an Indiana criminal defense lawyer is crucial if you are facing a murder charge. We recommend calling our team the moment you know there’s a case against you. While it can be tempting to talk to the police without an attorney present, law enforcement officers do not have your best interests in mind. A criminal attorney on our team can attend a police interrogation with you to protect your rights and prevent misconduct.

As your legal representatives, our criminal law team will take the following steps:

Investigate Your Charges 

Our defense strategy depends on the evidence against you and the prosecution’s case. We will talk to you about your side of the story before investigating the prosecutor’s evidence against you.

Develop a Defense Strategy

No two criminal cases are alike. Your defense strategy will depend on your charge and the evidence used in your case. Our team will work with you to create a legal defense strategy to reduce or remove your charges.

Negotiate With the Prosecution 

Many criminal cases are settled outside of court through negotiations. Prosecutors are much more likely to offer a plea deal if you have a criminal defense attorney on your side. We can meet with the prosecution to negotiate a plea deal that’s in your best interests. We can also advise you on whether or not to take that deal.

Take Your Case to Trial 

Sometimes, the best way to achieve a positive outcome is to go to court. As experienced trial lawyers, our team will represent you before a judge and present evidence in your defense. We can also argue against the prosecution, introducing reasonable doubt to potentially avoid a conviction.

Submit an Appeal 

If you are unfortunately convicted, you still have legal options to explore. We can submit an appeal on your behalf to ask for a new trial or a reduced sentence. We will stay by your side every step of the way until you get the outcome you deserve.

Contact an Indianapolis Murder Defense Lawyer for a Consultation

Were you charged with murdering another person or killing someone while committing a crime?

Call Eskew Law, at 317-793-2325 or contact us online, and we will review your case and advise you on how to proceed. We take this privilege and responsibility seriously for all of our clients throughout Indianapolis and Central Indiana.