Common Criminal Defenses in Indiana: Your Legal Options
Being charged with a crime can be overwhelming. However, being accused of a crime does not mean you are guilty—and there are legal defenses that can be used to fight the charges.
In Indiana, criminal defense strategies vary based on the circumstances of the case, but the goal is always to raise doubt about the prosecution’s evidence or prove that your actions were legally justified.
📞 Facing criminal charges? Get expert legal defense. Call Vining Legal at (317) 759-3225 or schedule a consultation.
Understanding the Burden of Proof in Criminal Cases
Before diving into specific defenses, it’s essential to understand how criminal cases work.
✔️ The prosecution must prove guilt "beyond a reasonable doubt."
✔️ The defendant does not have to prove innocence—only cast doubt on the prosecution’s case.
✔️ If there is reasonable doubt, the jury must find the defendant not guilty.
💡 Key Takeaway: A strong defense does not necessarily require proving innocence, but rather demonstrating that the prosecution has not met its burden of proof.
Common Criminal Defenses in Indiana
Depending on the details of the case, an experienced criminal defense attorney may use one or more of the following strategies:
1. "I Didn't Do It" (Actual Innocence Defense)
✔️ If you did not commit the crime, the defense will focus on challenging the prosecution’s evidence and credibility.
✔️ Strategies may include:
Cross-examining witnesses to expose inconsistencies.
Challenging forensic evidence (such as DNA or fingerprints).
Proving the evidence does not meet the legal standard of proof.
📌 Example: A person accused of robbery may provide video surveillance footage showing they were somewhere else at the time of the crime.
2. Mistaken Identity
Mistaken identity is a common defense in cases involving eyewitness testimony.
✔️ Eyewitness misidentifications are one of the leading causes of wrongful convictions.
✔️ Law enforcement errors, suggestive lineups, or bad lighting can lead to false identifications.
✔️ An attorney can challenge the reliability of witness statements and present evidence that someone else committed the crime.
📌 Example: If a suspect was wearing a similar hoodie to the real perpetrator, but security footage does not clearly show their face, the defense can argue mistaken identity.
3. Alibi Defense
✔️ If you were somewhere else at the time of the crime, providing an alibi can prove you could not have committed the offense.
✔️ Supporting evidence for an alibi defense includes:
Witness testimony confirming your location.
Security footage.
GPS or phone records.
Receipts, timestamps, or social media check-ins.
📌 Example: A person accused of burglary might provide restaurant receipts and video footage proving they were at dinner miles away when the crime occurred.
4. Self-Defense (IC 35-41-3-2)
In Indiana, you have the legal right to defend yourself if you are facing an imminent threat of harm.
✔️ To claim self-defense, the defendant must prove:
They reasonably believed they were in imminent danger.
They used only the amount of force necessary to protect themselves.
They did not provoke the attack.
🚨 Castle Doctrine & Stand Your Ground:
✔️ Indiana does not require you to retreat if you are being attacked.
✔️ If you are in your home or vehicle, you can use deadly force against an intruder.
📌 Example: If someone attacks you with a knife, and you fight back, injuring them, you may argue self-defense.
5. Defense of Others
✔️ You have the right to use force to protect another person from harm, under similar principles as self-defense.
✔️ The key factor is that you reasonably believed the other person was in imminent danger.
📌 Example: If a person witnesses an assault and steps in to protect the victim, they may argue defense of others.
6. Insanity Defense (IC 35-41-3-6)
✔️ The insanity defense applies when a defendant did not understand that their actions were wrong due to mental illness.
✔️ Indiana follows the "M’Naghten Rule", meaning a defendant is not guilty by reason of insanity if they:
Did not understand the nature of their actions.
Did not understand their actions were wrong.
🚨 Important: This defense is rare and requires expert psychiatric testimony.
📌 Example: A defendant with severe schizophrenia who committed a crime while suffering from delusions may qualify for an insanity defense.
7. Entrapment (IC 35-41-3-9)
✔️ Entrapment occurs when law enforcement persuades or pressures someone into committing a crime they would not have otherwise committed.
✔️ To prove entrapment, the defense must show:
The idea for the crime came from law enforcement.
The defendant was not predisposed to commit the crime.
📌 Example: An undercover officer repeatedly pressures someone to sell drugs, even after they initially refuse. This could be entrapment.
8. Mistake of Fact
✔️ If a person genuinely misunderstood a situation, they may have a valid defense.
✔️ The mistake must be reasonable and must negate criminal intent.
📌 Example: If someone takes the wrong backpack, believing it was theirs, they may argue mistake of fact rather than theft.
9. Suppression of Evidence (Illegal Search & Seizure)
✔️ If police obtained evidence illegally, it cannot be used in court.
✔️ Common violations include:
Unlawful searches (without a warrant or probable cause).
Improper Miranda warnings before interrogation.
Coerced confessions.
📌 Example: If police search a car without probable cause and find drugs, the defense can file a motion to suppress the evidence.
💡 Key Takeaway: If evidence is obtained illegally, the entire case could be thrown out.
Why You Need a Criminal Defense Attorney
Every criminal case is unique, and choosing the right defense strategy is critical. A skilled Indiana criminal defense attorney can:
✔️ Analyze the prosecution’s case for weaknesses.
✔️ Determine which defenses apply to your situation.
✔️ Challenge unlawful police conduct or improper evidence.
✔️ Negotiate plea deals or fight for an acquittal at trial.
📞 Charged with a crime? Protect your rights. Call Vining Legal at (317) 759-3225 or schedule a consultation.
Conclusion: Know Your Rights & Build Your Defense
✔️ Indiana law provides multiple defenses against criminal charges, from alibis to self-defense to illegal searches.
✔️ Each case is different—choosing the best defense requires legal strategy.
✔️ The right attorney can mean the difference between freedom and conviction.
📅 Facing charges? Schedule a consultation today.
