Indianapolis Criminal Lawyers Handling Complex Murder And Homicide Charges In Marion County

Last updated on September 5, 2024

Facing murder charges can be overwhelming and terrifying. A conviction is devastating and affects you and your entire family. If you are under investigation for murder or have been charged, you should secure legal representation as soon as possible. At Harwell Gray Legal Counsel LLC, our experienced Indianapolis murder lawyers can thoroughly investigate your case, determine your legal options, and help you structure the strong defense you need. We believe everyone deserves dedicated and compassionate legal representation. When you need someone on your side, we are here for you.

Are you facing murder or homicide charges in Indiana? Call Harwell Gray Legal Counsel LLC today at 317-344-9085 or contact us online to schedule a meeting with our murder defense attorney in Indianapolis!

What Is The Difference Between Homicide And Murder Charges?

The terms homicide and murder are often used interchangeably, but when it comes to defense against criminal charges, they are not the same thing.

Homicide

The killing of another person, it is not necessarily an unlawful killing of another individual.

Murder

A type of homicide.
Murder is the unjustified, or unlawful killing, of a person.
Murder charges are some of the most serious, and a conviction can result in up to 65 years in prison and thousands of dollars in fines.

Common Homicide-Related Charges

Aside from murder, homicide-related charges include:

Aggravated assault
Voluntary manslaughter
Involuntary manslaughter
Vehicular manslaughter
Assisting suicide
Causing suicide
Reckless homicide

The circumstances of your case will determine what charges you will face. When charging these cases, the courts and prosecutors will decide to what degree you were culpable in the death of the victim.

Other factors affecting your charges and the penalties of a conviction can include:

Whether or not a minor was involved
If the death occurred while another felony was being committed
The involvement of controlled substances, such as Schedule I drugs

What To Expect After A Murder Charge

If you are facing murder charges in Indianapolis, Indiana, it is very important to know what to expect. Here are some of the main legal steps that you will need to take:

You or your attorney need to file an appearance form, setting up the first court appearance, including important personal information and case details.
A subpoena will then be issued, and certain information may be requested during the investigative stage.
Next comes the initial hearing. One of the most important steps at this stage is to enter a preliminary plea – guilty or not guilty, for instance.
If a change of venue is requested, it will happen next. It must happen within 30 days.
The discovery phase comes after this, including disclosures by the state, disclosures by the defense and any court-ordered disclosures. The details of the case must be made known.
The court then decides if bail will be set. They may not offer bail if they deem that you are a flight risk or that you are a risk to yourself or others.
A murder charge is a felony, so you have a right to a trial by jury. Whether you are held in jail or released on bond and told to return for trial, the trial dates will be established and scheduled.
Once the trial begins, you have to enter another plea beyond the preliminary plea noted above.
Once the trial has concluded – you do have a right to a reasonably speedy trial – a sentencing date will be set. This is where you actually receive your sentence if the jury determines you are guilty.

This gives you an idea of the general timeline and what you should expect when facing a murder charge. Every case is unique; however, the best way to ensure that you address everything correctly is to work closely with your Indianapolis criminal defense lawyer.

Strategies For Defense To An Indiana Murder Charge

There are numerous potential strategies to consider, depending on the specifics of your case. These could include:

Self-defense: Under Indiana law, residents can use reasonable force to defend themselves. You can stand your ground in your home and even use deadly force if you have a genuine fear of death or severe bodily injury.
Intent: A first-degree murder charge requires intent. Typically, murder is a premeditated action planned and done intentionally. Claiming that there was no intent can sometimes lower the charges to manslaughter or another lesser charge.
Crime of passion: Similarly to the above, you may be able to claim it was a crime of passion and that you acted instinctively in the heat of the moment. Regardless of the outcome, this is to show there was no premeditation or intent.
Evidence: Another option is to use evidence to show that you did not commit the crime. For instance, maybe you have an alibi: You were purchasing gas in another town at the time of the murder, and you have the gas station receipts to prove it, so you couldn’t have been involved.
DNA evidence: One of the most common pieces of evidence used when exonerating those who have been falsely convicted is DNA evidence. But this can help during the trial as well. If the DNA found at the scene belongs to someone else, it may prove you were not there.
Procedural mistakes: In some cases, police officers make mistakes in how they gather or preserve evidence. Perhaps they conducted an illegal warrantless search of your property, for instance, without your consent. You may be able to use the “Fruit of the Poisonous Tree” doctrine to exclude that evidence from the case.

This helps to show just a few of the potential defense tactics you may use and what the court is looking for during the trial. Key elements, like intent, can swing the outcome. The court and the jury must take the time to consider these issues carefully.

What Is The Prison Sentence For A Murder Conviction In Indiana?

In Indiana, you will get life in prison or the death penalty and even a hefty fine. Guidance on the application of the death sentence was provided by the Supreme Court of India in Jagmohan Singh v. State of Uttar Pradesh, where the Court enunciated an approach of balancing mitigating and aggravating factors of the crime when deciding on the imposition of capital punishment.

Can You Shoot A Trespasser In Indiana?

Indiana law allows for you to shoot a trespasser and the victim does not have a duty to retreat “if the person reasonably believes that the force is necessary to prevent or terminate the other person’s unlawful entry of or attack on the person’s dwelling, curtilage (property) or occupied motor vehicle.”

Contact Our Murder Attorneys Today

Murder charges are severe, and these cases are often complicated. Our experienced murder defense attorneys in Indianapolis know how these cases are prosecuted. We take a detail-oriented approach and work hard to uncover your legal options. We put you and your best interests first when you work with us. We know how important the outcome of your case is to you, and we always treat you with compassion and respect. Call us when you need someone in your corner fighting to protect your rights and freedom! We will defend you across Marion, Hendricks, Hamilton, Johnson and Hancock counties.

Contact Harwell Gray Legal Counsel LLC today to schedule a consultation with our murder defense lawyers in Indianapolis!