What is the penalty for criminal intent to cause bodily harm with a vechicle in Indiana?
Full Question:
What are the penalties a person can recieve for 3 counts of criminal intent to cause bodily harm with a vechicle in Indiana?
10/19/2007 |
Category: Criminal ยป Sentences |
State: Indiana |
#10605
Answer:
The following is a statute:
IC 35-42-2-2 (a) As used in this section, "hazing" means forcing or....
(a) As used in this section, "hazing" means forcing or requiring another
person:
(1) with or without the consent of the other person; and
(2) as a condition of association with a group or organization; to
perform an act that creates a substantial risk of bodily injury.
(b) A person who recklessly, knowingly, or intentionally performs:
(1) an act that creates a substantial risk of bodily injury to another
person; or
(2) hazing; commits criminal recklessness. Except as provided in
subsection (c), criminal recklessness is a Class B misdemeanor.
(c) The offense of criminal recklessness as defined in subsection (b) is:
(1) a Class A misdemeanor if the conduct includes the use of a vehicle;
(2) a Class D felony if:
(A) it is committed while armed with a deadly weapon; or
(B) the person committed aggressive driving (as defined in IC 9-21-8-55)
that results in serious bodily injury to another person; or
(3) a Class C felony if:
(A) it is committed by shooting a firearm into an inhabited dwelling or
other building or place where people are likely to gather; or
(B) the person committed aggressive driving (as defined in IC 9-21-8-55)
that results in the death of another person.
(d) A person who recklessly, knowingly, or intentionally:
(1) inflicts serious bodily injury on another person; or
(2) performs hazing that results in serious bodily injury to a person;
commits criminal recklessness, a Class D felony. However, the offense is a
Class C felony if committed by means of a deadly weapon.
(e) A person, other than a person who has committed an offense under this
section or a delinquent act that would be an offense under this section if
the violator was an adult, who:
(1) makes a report of hazing in good faith;
(2) participates in good faith in a judicial proceeding resulting from a
report of hazing;
(3) employs a reporting or participating person described in subdivision
(1) or (2); or
(4) supervises a reporting or participating person described in
subdivision (1) or (2);is not liable for civil damages or criminal penalties that might otherwise
be imposed because of the report or participation.
(f) A person described in subsection (e)(1) or (e)(2) is presumed to act
in good faith.
(g) A person described in subsection (e)(1) or (e)(2) may not be treated
as acting in bad faith solely because the person did not have probable
cause to believe that a person committed:
(1) an offense under this section; or
(2) a delinquent act that would be an offense under this section if the
offender was an adult.
IC 9-30-10-4 (a) A person who has accumulated at least two (2)....
(a) A person who has accumulated at least two (2) judgments within a ten
(10) year period for any of the following violations, singularly or in
combination, not arising out of the same incident, and with at least one
(1) violation occurring after March 31, 1984, is a habitual violator:
(1) Reckless homicide resulting from the operation of a motor vehicle.
(2) Voluntary or involuntary manslaughter resulting from the operation of
a motor vehicle.
(3) Failure of the driver of a motor vehicle involved in an accident
resulting in death or injury to any person to stop at the scene of the
accident and give the required information and assistance.
(4) Operation of a vehicle while intoxicated resulting in death.
(5) Before July 1, 1997, operation of a vehicle with at least
ten-hundredths percent (0.10%) alcohol in the blood resulting in death.
(6) After June 30, 1997, and before July 1, 2001, operation of a vehicle
with an alcohol concentration equivalent to at least ten-hundredths (0.10)
gram of alcohol per:
(A) one hundred (100) milliliters of the blood; or
(B) two hundred ten (210) liters of the breath; resulting in death.
(7) After June 30, 2001, operation of a vehicle with an alcohol
concentration equivalent to at least eight-hundredths (0.08) gram of
alcohol per:
(A) one hundred (100) milliliters of the blood; or
(B) two hundred ten (210) liters of the breath;resulting in death.
(b) A person who has accumulated at least three (3) judgments within a
ten (10) year period for any of the following violations, singularly or in
combination, not arising out of the same incident, and with at least one
(1) violation occurring after March 31, 1984, is a habitual violator:
(1) Operation of a vehicle while intoxicated.
(2) Before July 1, 1997, operation of a vehicle with at least
ten-hundredths percent (0.10%) alcohol in the blood.
(3) After June 30, 1997, and before July 1, 2001, operation of a vehicle
with an alcohol concentration equivalent to at least ten-hundredths (0.10)
gram of alcohol per:
(A) one hundred (100) milliliters of the blood; or
(B) two hundred ten (210) liters of the breath.
(4) After June 30, 2001, operation of a vehicle with an alcohol
concentration equivalent to at least eight-hundredths (0.08) gram of
alcohol per:
(A) one hundred (100) milliliters of the blood; or
(B) two hundred ten (210) liters of the breath.
(5) Operating a motor vehicle while the person's license to do so has
been suspended or revoked as a result of the person's conviction of an
offense under IC 9-1-4-52 (repealed July 1, 1991), IC 9-24-18-5(b)
(repealed July 1, 2000), IC 9-24-19-3, or IC 9-24-19-5.
(6) Operating a motor vehicle without ever having obtained a license to
do so.
(7) Reckless driving.
(8) Criminal recklessness involving the operation of a motor vehicle.
(9) Drag racing or engaging in a speed contest in violation of law.
(10) Violating IC 9-4-1-40 (repealed July 1, 1991), IC 9-4-1-46 (repealed
July 1, 1991), IC 9-26-1-1(1), IC 9-26-1-1(2), IC 9-26-1-1(4),
IC 9-26-1-2(1), IC 9-26-1-2(2), IC 9-26-1-3, or IC 9-26-1-4.
(11) Any felony under an Indiana motor vehicle statute or any felony in
the commission of which a motor vehicle is used.
A judgment for a violation enumerated in subsection (a) shall be added to
the violations described in this subsection for the purposes of this
subsection.
(c) A person who has accumulated at least ten (10) judgments within a ten
(10) year period for any traffic violation, except a parking or an
equipment violation, of the type required to be reported to the bureau,
singularly or in combination, not arising out of the same incident, and
with at least one (1) violation occurring after March 31, 1984, is a
habitual violator. However, at least one (1) of the judgments must be for a
violation enumerated in subsection (a) or (b). A judgment for a violation
enumerated in subsection (a) or (b) shall be added to the judgments
described in this subsection for the purposes of this subsection.
IC 9-30-4-6 (a) Whenever the bureau suspends or revokes the current....
(a) Whenever the bureau suspends or revokes the current driver's license
upon receiving a record of the conviction of a person for any offense under
the motor vehicle laws not enumerated under subsection (b), the bureau may
also suspend any of the certificates of registration and license plates
issued for any motor vehicle registered in the name of the person so
convicted. However, the bureau may not suspend the evidence of
registration, unless otherwise required by law, if the person has given or
gives and maintains during the three (3) years following the date of
suspension or revocation proof of financial responsibility in the future in
the manner specified in this section.
(b) The bureau shall suspend or revoke without notice or hearing the
current driver's license and all certificates of registration and license
plates issued or registered in the name of a person who is convicted of any
of the following:
(1) Manslaughter or reckless homicide resulting from the operation of a
motor vehicle.
(2) Perjury or knowingly making a false affidavit to the department under
this chapter or any other law requiring the registration of motor vehicles
or regulating motor vehicle operation upon the highways.
(3) A felony under Indiana motor vehicle laws or felony in the commission
of which a motor vehicle is used.
(4) Three (3) charges of criminal recklessness involving the use of a
motor vehicle within the preceding twelve (12) months.
(5) Failure to stop and give information or assistance or failure to stop
and disclose the person's identity at the scene of an accident that has
resulted in death, personal injury, or property damage in excess of two
hundred dollars ($200).
(6) Possession, distribution, manufacture, cultivation, transfer, use, or
sale of a controlled substance or counterfeit substance, or attempting or
conspiring to possess, distribute, manufacture, cultivate, transfer, use,
or sell a controlled substance or counterfeit substance.
(c) The license of a person shall also be suspended upon conviction in
another jurisdiction for any offense described in subsections (b)(1),
(b)(2), (b)(3), (b)(4), and (b)(5), except if property damage is less than
two hundred dollars ($200), the bureau may determine whether the driver's
license and certificates of registration and license plates shall be
suspended or revoked. The license of a person shall also be suspended upon
conviction in another jurisdiction for any offense described in subsection
(b)(6).
(d) A suspension or revocation remains in effect and a new or renewal
license may not be issued to the person and a motor vehicle may not be
registered in the name of the person as follows:
(1) Except as provided in subdivisions (2) and (3), for six (6) months
from the date of conviction or on the date on which the person is otherwise
eligible for a license, whichever is later. Except as provided in
IC 35-48-4-15, this includes a person convicted of a crime for which the
person's license is suspended or revoked under subsection (b)(6).
(2) Upon conviction of an offense described in subsection (b)(1), for a
fixed period of not less than two (2) years and not more than five (5)
years, to be fixed by the bureau based upon recommendation of the court
entering a conviction. A new or reinstated license may not be issued to the
person unless that person, within the three (3) years following the
expiration of the suspension or revocation, gives and maintains in force at
all times during the effective period of a new or reinstated license proof
of financial responsibility in the future in the manner specified in this
chapter. However, the liability of the insurance carrier under a motor
vehicle liability policy that is furnished for proof of financial
responsibility in the future as set out in this chapter becomes absolute
whenever loss or damage covered by the policy occurs, and the satisfaction
by the insured of a final judgment for loss or damage is not a condition
precedent to the right or obligation of the carrier to make payment on
account of loss or damage, but the insurance carrier has the right to
settle a claim covered by the policy. If the settlement is made in good
faith, the amount shall be deductive from the limits of liability specified
in the policy. A policy may not be canceled or annulled with respect to a
loss or damage by an agreement between the carrier and the insured after
the insured has become responsible for the loss or damage, and a
cancellation or annulment is void. The policy may provide that the insured
or any other person covered by the policy shall reimburse the insurance
carrier for payment made on account of any loss or damage claim or suit
involving a breach of the terms, provisions, or conditions of the policy.
If the policy provides for limits in excess of the limits specified in this
chapter, the insurance carrier may plead against any plaintiff, with
respect to the amount of the excess limits of liability, any defenses that
the carrier may be entitled to plead against the insured. The policy may
further provide for prorating of the insurance with other applicable valid
and collectible insurance. An action does not lie against the insurance
carrier by or on behalf of any claimant under the policy until a final
judgment has been obtained after actual trial by or on behalf of any
claimant under the policy.
(3) For the period ordered by a court under IC 35-48-4-15.
(e) The bureau may take action as required in this section upon receiving
satisfactory evidence of a conviction of a person in another state.
(f) For the purpose of this chapter, "conviction" includes any of the
following:
(1) A conviction upon a plea of guilty.
(2) A determination of guilt by a jury or court, even if:
(A) no sentence is imposed; or
(B) a sentence is suspended.
(3) A forfeiture of bail, bond, or collateral deposited to secure the
defendant's appearance for trial, unless the forfeiture is vacated.
(4) A payment of money as a penalty or as costs in accordance with an
agreement between a moving traffic violator and a traffic violations
bureau.
(g) A suspension or revocation under this section or under IC 9-25-6-8
stands pending appeal of the conviction to a higher court and may be set
aside or modified only upon the receipt by the bureau of the certificate of
the court reversing or modifying the judgment that the cause has been
reversed or modified. However, if the suspension or revocation follows a
conviction in a court of no record in Indiana, the suspension or revocation
is stayed pending appeal of the conviction to a court of record.
(h) A person aggrieved by an order or act of the bureau under this
section or IC 9-25-6-8 may file a petition for a court review.
IC 5-2-6.1-8 As used in this chapter, "violent crime" means the following:
As used in this chapter, "violent crime" means the following:
(1) A crime under the Indiana Code that is a felony of any kind or a
Class A misdemeanor that results in bodily injury or death to the victim
but does not include any of the following:
(A) A crime under IC 9-30-5 resulting from the operation of a vehicle
other than a motor vehicle.
(B) Involuntary manslaughter resulting from the operation of a motor
vehicle by a person who was not intoxicated (IC 35-42-1-4).
(C) Reckless homicide resulting from the operation of a motor vehicle by
a person who was not intoxicated (IC 35-42-1-5).
(D) Criminal recklessness involving the use of a motor vehicle, unless
the offense was intentional or the person using the motor vehicle was
intoxicated (IC 35-42-2-2).
(2) A crime in another jurisdiction in which the elements of the crime
are substantially similar to the elements of a crime that, if the crime
results in death or bodily injury to the victim, would be a felony or a
Class A misdemeanor if committed in Indiana. However, the term does not
include any of the following:
(A) A crime in another jurisdiction resulting from operating a vehicle,
other than a motor vehicle, while intoxicated.
(B) A crime in another jurisdiction with elements substantially similar
to involuntary manslaughter resulting from the operation of a motor vehicle
if the crime was committed by a person who was not intoxicated.
(C) A crime in another jurisdiction with elements substantially similar
to reckless homicide resulting from the operation of a motor vehicle if the
crime was committed by a person who was not intoxicated.
(D) A crime in another jurisdiction with elements substantially similar
to criminal recklessness involving the use of a motor vehicle unless the
offense was intentional or the person using the motor vehicle was
intoxicated.
(3) A terrorist act.
IC 35-50-2-1 (a) As used in this chapter, "Class D felony conviction"....
(a) As used in this chapter, "Class D felony conviction" means a
conviction of a Class D felony in Indiana and a conviction, in any other
jurisdiction at any time, with respect to which the convicted person might
have been imprisoned for more than one (1) year. However, it does not
include a conviction with respect to which the person has been pardoned, or
a conviction of a Class A misdemeanor under section 7(b) of this chapter.
(b) As used in this chapter, "felony conviction" means a conviction, in
any jurisdiction at any time, with respect to which the convicted person
might have been imprisoned for more than one (1) year. However, it does not
include a conviction with respect to which the person has been pardoned, or
a conviction of a Class A misdemeanor under section 7(b) of this chapter.
(c) As used in this chapter, "minimum sentence" means:
(1) for murder, forty-five (45) years;
(2) for a Class A felony, twenty (20) years;
(3) for a Class B felony, six (6) years;
(4) for a Class C felony, two (2) years; and
(5) for a Class D felony, one-half (1/2) year.
IC 35-50-2-4 A person who commits a Class A felony shall be....
A person who commits a Class A felony shall be imprisoned for a fixed
term of between twenty (20) and fifty (50) years, with the advisory
sentence being thirty (30) years. In addition, the person may be fined not
more than ten thousand dollars ($10,000).
IC 35-50-2-5 A person who commits a Class B felony shall be....
A person who commits a Class B felony shall be imprisoned for a fixed
term of between six (6) and twenty (20) years, with the advisory sentence
being ten (10) years. In addition, the person may be fined not more than
ten thousand dollars ($10,000).
IC 35-50-2-6 (a) A person who commits a Class C felony shall be....
(a) A person who commits a Class C felony shall be imprisoned for a fixed
term of between two (2) and eight (8) years, with the advisory sentence
being four (4) years. In addition, the person may be fined not more than
ten thousand dollars ($10,000).
(b) Notwithstanding subsection (a), if a person has committed nonsupport
of a child as a Class C felony under IC 35-46-1-5, upon motion of the
prosecuting attorney, the court may enter judgment of conviction of a Class
D felony under IC 35-46-1-5 and sentence the person accordingly. The court
shall enter in the record detailed reasons for the court's action when the
court enters a judgment of conviction of a Class D felony under this
subsection.
IC 35-50-2-7 (a) A person who commits a Class D felony shall be....
(a) A person who commits a Class D felony shall be imprisoned for a fixed
term of between six (6) months and three (3) years, with the advisory
sentence being one and one-half (1 1/2) years. In addition, the person may
be fined not more than ten thousand dollars ($10,000).
(b) Notwithstanding subsection (a), if a person has committed a Class D
felony, the court may enter judgment of conviction of a Class A misdemeanor
and sentence accordingly. However, the court shall enter a judgment of
conviction of a Class D felony if:
(1) the court finds that:
(A) the person has committed a prior, unrelated felony for which judgment
was entered as a conviction of a Class A misdemeanor; and
(B) the prior felony was committed less than three (3) years before the
second felony was committed;
(2) the offense is domestic battery as a Class D felony under IC
35-42-2-1.3; or
(3) the offense is possession of child pornography (IC 35-42-4-4(c)).
The court shall enter in the record, in detail, the reason for its action
whenever it exercises the power to enter judgment of conviction of a Class
A misdemeanor granted in this subsection.
IC 35-50-3-2 A person who commits a Class A misdemeanor shall be....
A person who commits a Class A misdemeanor shall be imprisoned for a
fixed term of not more than one (1) year; in addition, he may be fined not
more than five thousand dollars ($5,000).
IC 35-50-3-3 A person who commits a Class B misdemeanor shall be....
A person who commits a Class B misdemeanor shall be imprisoned for a
fixed term of not more than one hundred eighty (180) days; in addition, he
may be fined not more than one thousand dollars ($1,000).
IC 35-50-3-4 A person who commits a Class C misdemeanor shall be....
A person who commits a Class C misdemeanor shall be imprisoned for a
fixed term of not more than sixty (60) days; in addition, he may be fined
not more than five hundred dollars ($500).
