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  1. #1
    Join Date
    Oct 2009
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    18

    Default Penalty for Criminal Confinement

    I am wondering if anyone can tell me what a person might get when found guilty for Criminal Confinement. This would be in a case where the accused is also being charged with Criminal Battery for actions done at the same assault. Accused is a registered sexual offender, but this case does not involve a sexual crime and took place in the state of Indiana. Accused was found guilty by a Grand Jury in the first crime of Criminal Confinement along with two other offenses, pled to another of the crimes and did prison time along with being a registered offender. Accused allegedly this time, (and last) lured the victum whom he knew into the situation and during the assult brought the victum back into the situation when they attempted to leave.

    Can anyone also tell me if Criminal Battery is also found, what would that term also perhaps be and would they be served at the same time, or as seperate times?

    Thanks

  2. #2
    Join Date
    Sep 2005
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    Default Re: Penalty for Criminal Confinement

    My gut tells me the judge is going to send him away for a good, long time. How many felonies does this guy have?
    Quote Quoting IC 35-42-3-3 - Criminal confinement
    (a) A person who knowingly or intentionally:
    (1) confines another person without the other person's consent; or
    (2) removes another person, by fraud, enticement, force, or threat of force, from one (1) place to another;
    commits criminal confinement. Except as provided in subsection (b), the offense of criminal confinement is a Class D felony.
    (b) The offense of criminal confinement defined in subsection (a) is:
    (1) a Class C felony if:
    (A) the person confined or removed is less than fourteen (14) years of age and is not the confining or removing person's child;
    (B) it is committed by using a vehicle; or
    (C) it results in bodily injury to a person other than the confining or removing person; and
    (2) a Class B felony if it:
    (A) is committed while armed with a deadly weapon;
    (B) results in serious bodily injury to a person other than the confining or removing person; or
    (C) is committed on an aircraft.
    Quote Quoting IC 35-50-2-8.5 - Life imprisonment without parole upon third felony conviction or second sex offense against a child
    (a) The state may seek to have a person sentenced to life imprisonment without parole for any felony described in section 2(b)(4) of this chapter by alleging, on a page separate from the rest of the charging instrument, that the person has accumulated two (2) prior unrelated felony convictions described in section 2(b)(4) of this chapter.

    (b) The state may seek to have a person sentenced to life imprisonment without parole for a Class A felony under IC 35-42-4 that is a sex offense against a child by alleging, on a page separate from the rest of the charging instrument, that the person has a prior unrelated Class A felony conviction under IC 35-42-4 that is a sex offense against a child.

    (c) If the person was convicted of the felony in a jury trial, the jury shall reconvene to hear evidence on the life imprisonment without parole allegation. If the person was convicted of the felony by trial to the court without a jury or if the judgment was entered to guilty plea, the court alone shall hear evidence on the life imprisonment without parole allegation.

    (d) A person is subject to life imprisonment without parole if the jury (in a case tried by a jury) or the court (in a case tried by the court or on a judgment entered on a guilty plea) finds that the state has proved beyond a reasonable doubt that the person:
    (1) has accumulated two (2) prior unrelated convictions for offenses described in section 2(b)(4) of this chapter; or
    (2) has a prior unrelated Class A felony conviction under IC 35-42-4 that is a sex offense against a child.
    (e) The court may sentence a person found to be subject to life imprisonment without parole under this section to life imprisonment without parole.
    With no enhancement, a Class B felony carries a sentence of up to 20 years in prison, and a Class C felony carries a sentence of up to 8 years. If you're talking about a misdemeanor battery charge, it's not going to have a significant impact on the sentence.

  3. #3
    Join Date
    Oct 2009
    Posts
    18

    Default Re: Penalty for Criminal Confinement

    The first sentence for this person was for Criminal Battery. So, 8 to 20 years depending on the level of felony that the person is found guilty of. Right?

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